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Gansler to Ask Court to Reconsider Handgun Ruling

July 16th, 2013 by WCBC Radio

Maryland's attorney general says that he will ask the state's highest court to reconsider a ruling overturning the mandatory five-year minimum sentence of a defendant with a prior felony drug conviction for carrying a handgun. Doug Gansler tells WBAL News asking for reconsideration is his only option in this case. "Unfortunately the only option we have at this time is to file a motion for reconsideration to that same court, to the Court of Appeals. We cannot take this case to the U.S. Supreme Court because it does not take into consideration any constitutional issues," Gansler told WBAL News. Gansler adds that the decision was, "a very curious decision to legal scholars." The court ruled last month that the state has two statutes punishing the same conduct, but imposing different penalties. The court found the defendant, Kevin Alston, received the more severe penalty of a five-year mandatory minimum sentence when it is unclear how the two laws operate together.


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