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Subdivision 1.Felony.
A person who crosses a state or international border into Minnesota while in possession of an amount of a controlled substance that constitutes a first-degree controlled substance crime under section 152.021, subdivision 2, is guilty of importing controlled substances and may be sentenced as provided in subdivision 3.
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Subd. 1a.Use of person under 18 to import.
A person who conspires with or employs a person under the age of 18 to cross a state or international border into Minnesota while that person or the person under the age of 18 is in possession of an amount of a controlled substance that constitutes a controlled substance crime under sections 152.021 to 152.025 and 152.0262, with the intent to obstruct the criminal justice process, is guilty of importing controlled substances and may be sentenced as provided in subdivision 3.
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Subd. 2.Jurisdiction.
A violation of this section may be charged, indicted, and tried in any county, but not more than one county, into or through which the actor has brought the controlled substance.
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Subd. 3.Penalty.
A person convicted of violating this section is guilty of a felony and may be sentenced to imprisonment for not more than 35 years or to payment of a fine of not more than $1,250,000, or both.
Notes of Decisions
Cited in
7
cases, 1994–2016 · leading case:
State v. Tracy, 667 N.W.2d 141 (Minn. Ct. App. 2003).
State v. Tracy, 667 N.W.2d 141 (Minn. Ct. App. 2003).
· cites it 16× “1 (2000) (prohibiting conspiracies); and conspiracy to commit a controlled-substance crime in violation of Minn.Stat. §§ 152.0261, subd. 1 (importing controlled substance across state borders), 152.”
State v. Osborne, 715 N.W.2d 436 (Minn. 2006).
· cites it 4× “75 years) in prison, the departure would not have necessitated a jury trial under our pre- Blakely case law because the maximum sentence permitted by Minn. Stat. § 152.0261 , subd. 3 (2000), was 35 years.”
State v. Rodriguez, 754 N.W.2d 672 (Minn. 2008).
· cites it 4× “1(1), 2(1), 3(b) (2002), Minn.Stat. § 152.0261, subds. 1, 3 (2006), and Minn.”
State v. Martinson, 581 N.W.2d 846 (Minn. 1998).
· cites it 4× “See Minn.Stat. § 152.0261, subd. 3 (1996). However, the trial court exercised its discretion and granted a downward departure from the sentencing guidelines in sentencing Martinson to only 54 months.”
State v. Williams, 525 N.W.2d 538 (Minn. 1994).
· cites it 2× “Defendant was also found guilty, on the same evidence, of importing into Minnesota across the state border more than 25 grams of cocaine, Minn.Stat. § 152.0261, subd. 1, but was not sentenced for that offense.”
State v. Kujak, 639 N.W.2d 878 (Minn. Ct. App. 2002).
· cites it 2× “Minn.Stat. § 152.0261, subd. 3. Therefore, the $100,000 fine imposed on Kujak is not grossly disproportionate to other offenses in Minnesota.”
State of Minnesota v. Robert Carl Thoensen (Minn. Ct. App. 2016).
· cites it 2× “2(a)(1) (2014), and one count of importing controlled substances across state borders in violation of Minn. Stat. § 152.0261 , subd. 1 (2014). Respondent moved the district court to suppress the evidence obtained from the stop, arguing that there was no legal basis for the stop…”
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