United States v. Moskovits
United States District Court for the Eastern District of Pennsylvania
784 F. Supp. 183 (1991)
- Written by Rich Walter, JD
Facts
A Mexican court found Alexander Moskovits (defendant) guilty of violating Mexico’s drug laws. Throughout the pretrial and trial proceedings, Mexican rules of criminal procedure had afforded Moskovits only two chances to confront his accusers. On both occasions, the Mexican rules denied Moskovits any access to an attorney. Several years later, after returning to the United States, Moskovits was convicted for violating a federal narcotics statute. The relevant federal statute required the imposition of enhanced penalties for previous drug convictions in any domestic or foreign court. Accordingly, based on Moskovits’s prior Mexican conviction, the district court doubled the length of Moskovits’s prison sentence. After the appeals court confirmed the district court’s judgment, Moskovits returned to district court and filed a 28 U.S.C. § 2255 motion to collaterally attack his lengthened prison sentence.
Rule of Law
Issue
Holding and Reasoning (Pollak, J.)
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