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A military veteran who was sentenced to life in prison for selling under $30 of marijuana is set to be released

Aug 9, 2020, 09:54 IST
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A bowl of medicinal marijuana is displayed in a booth at The International Cannabis and Hemp Expo April 18, 2010 at the Cow Palace in Daly City, California.Justin Sullivan/Getty Images
  • A man who was facing life in prison for a small marijuana charge is set to be released.
  • Derek Harris, a military veteran, was arrested in 2008 for selling an officer under $30 of marijuana, CNN reported.
  • Harris' lawyer, Cormac Boyle, said the DA's office agreed that his client "received ineffective assistance at sentencing and was entitled to a lesser sentence," CNN reported.
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A man who was given a life sentence for selling under $30 of weed to an officer is set to be released.

CNN reported on Saturday that military veteran Derek Harris was originally sentenced to 15 years in prison, but in 2012, he was resentenced to life under the Habitual Offender Law.

Harris' attorney, Cormac Boyle, told CNN that Louisiana prosecutors agreed to his release after his hearing last month. He was resentenced to time served after nine years in prison.

Boyle said the DA's office agreed that Harris "received ineffective assistance at sentencing and was entitled to a lesser sentence," CNN reported. The Louisiana Supreme Court concurred with Harris' argument that he received "ineffective assistance of counsel at sentencing on post-conviction review."

According to the report, Harris's struggle with drug abuse developed after his return home from Operation Desert Storm.

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CNN reported that Louisiana Supreme Court Justice John Weimer wrote in his opinion that Harris' "prior offenses were nonviolent and related to his untreated dependency on drugs," and that the trial judge said Harris was "not a drug kingpin."

Boyle told CNN that he's actively working on his client's release and that Harris is looking forward to reconciling with his family in Kentucky.

Read the full story from CNN »

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