NRS
453.3405 Trafficking in controlled substances: Suspended sentence
limited; eligibility for parole; reduction or suspension of sentence of person
assisting in investigation or prosecution of any offense; consideration of
factors by court; suspension of sentence of person convicted of trafficking in
fentanyl.
1. Except as otherwise provided in
subsections 2 and 4, the adjudication of guilt and imposition of sentence of a
person found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.3387 or 453.339 must not be suspended and the
person is not eligible for parole until the person has actually served the
mandatory minimum term of imprisonment prescribed by the section under which
the person was convicted.
2. The court, upon an appropriate motion,
may reduce or suspend the sentence of any person convicted of violating any of
the provisions of NRS 453.3385, 453.3387 or 453.339 if the court finds that the
convicted person rendered substantial assistance in the investigation or
prosecution of any offense. The arresting agency must be given an opportunity
to be heard before the motion is granted. Upon good cause shown, the motion may
be heard in camera.
3. Any appropriate reduction or suspension
of a sentence pursuant to subsection 2 must be determined by the court, for
reasons stated by the court that may include, without limitation, consideration
of the following:
(a) The court’s evaluation of the significance
and usefulness of the convicted person’s assistance, taking into consideration
the prosecuting attorney’s evaluation of the assistance rendered;
(b) The truthfulness, completeness and
reliability of any information or testimony provided by the convicted person;
(c) The nature and extent of the convicted
person’s assistance;
(d) Any injury suffered or any danger or risk of
injury to the convicted person or his or her family resulting from his or her
assistance; and
(e) The timeliness of the convicted person’s
assistance.
4. The court may suspend the sentence of
any person convicted of violating any provision of NRS 453.3387 if the person establishes, by
a preponderance of the evidence, that the person did not know that the mixture
at issue contained illicitly manufactured fentanyl. If a person convicted of
violating any provision of NRS 453.3387
claims that he or she did not know that the mixture at issue contained
illicitly manufactured fentanyl, the court shall, at sentencing, make findings
of fact and state its reasoning on the record as to whether the person has met
the burden of proof pursuant to this subsection.
(Added to NRS by 1983,
288; A 1985,
159; 2009,
370; 2019,
4474; 2023,
2894)
Notes of Decisions
Cited in
14
cases, 1987–2020 · leading case:
State v. Lucero, 249 P.3d 1226 (Nev. 2011).
State v. Lucero, 249 P.3d 1226 (Nev. 2011).
· cites it 22× “[4] When the Legislature first enacted NRS 453.3405 in 1983, see 1983 Nev. Stat.”
Parrish v. State, 12 P.3d 953 (Nev. 2000).
· cites it 25× “Additionally, NRS 453.3405(1) mandates that a defendant convicted of trafficking in a controlled substance is not eligible for a reduced or suspended sentence.”
Matos v. State, 878 P.2d 288 (Nev. 1994).
· cites it 10× “NRS 453.3405(2) allows the trial judge to “reduce or suspend” an accused’s sentence if the accused renders “substantial assistance in the identification, arrest or conviction” of any accomplices, coconspirators or principals.”
Andrews v. State, 412 P.3d 37 (Nev. 2018).
“) Likewise, NRS 453.3405 states that "the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.”
Sheriff v. Shade, 858 P.2d 840 (Nev. 1993).
· cites it 2× “3385 and NRS 453.3405, one count of unlawful sale of a controlled substance (heroin) in violation of NRS 453.”
Sanchez v. State, 734 P.2d 726 (Nev. 1987).
· cites it 2× “A police officer then explained the provisions of NRS 453.3405 in Spanish to Sanchez, who admitted that he sold heroin, that he was selling heroin for another person, and that he knew such sales were illegal.”
State v. Second Jud. Dist. Court, 116 P.3d 834 (Nev. 2005).
“g., NRS 176A. 100(1) (prison sentences for convictions of murder, first-degree kidnapping, sexual assault, attempted sexual assault of a child, lewdness with a child and for habitual criminal adjudications cannot be suspended); NRS 453.”
Andrews (ryan) Vs. State, 2018 NV 12 (Nev. 2018).
· cites it 2× “) Likewise, NRS 453.3405 states that "the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.”
Crabtree v. Kabell (D. Nev. 2020).
· cites it 2× “3405 between the district 15 attorney, judge, public defender, and county sheriff involved in his criminal case, and 16 seeks to vacate his criminal sentence, in a document phrased as a notice of intent to file 17 a civil rights complaint. (ECF No. 1-1.) Before the Court is the…”
Crabtree v. Wehrly (D. Nev. 2020).
· cites it 2× “) Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of 17 United States Magistrate Carla Baldwin (ECF No. 8), primarily recommending the Court 18 dismiss this case as malicious with prejudice.”
Crabtree v. Wanker (D. Nev. 2020).
· cites it 2× “) 16 Before the Court is the Report and Recommendation (“R&R” or “Recommendation”) of 17 United States Magistrate Carla L. Baldwin (ECF No. 7), recommending the Court dismiss 18 this case with prejudice.”
Crabtree v. Earnest (D. Nev. 2020).
· cites it 2× “) Before the Court is the Report and Recommendation 17 (“R&R” or “Recommendation”) of United States Magistrate Judge William G. Cobb (ECF 18 No.”
— Nev. Rev. Stat. § 453.3405(1) — 2 cases
Parrish v. State, 12 P.3d 953 (Nev. 2000).
“Additionally, NRS 453.3405(1) mandates that a defendant convicted of trafficking in a controlled substance is not eligible for a reduced or suspended sentence.”
— Nev. Rev. Stat. § 453.3405(2) — 4 cases
State v. Lucero, 249 P.3d 1226 (Nev. 2011).
“[4] When the Legislature first enacted NRS 453.3405 in 1983, see 1983 Nev. Stat.”
Parrish v. State, 12 P.3d 953 (Nev. 2000).
“Additionally, NRS 453.3405(1) mandates that a defendant convicted of trafficking in a controlled substance is not eligible for a reduced or suspended sentence.”
Matos v. State, 878 P.2d 288 (Nev. 1994).
“NRS 453.3405(2) allows the trial judge to “reduce or suspend” an accused’s sentence if the accused renders “substantial assistance in the identification, arrest or conviction” of any accomplices, coconspirators or principals.”
Sanchez v. State, 734 P.2d 726 (Nev. 1987).
“A police officer then explained the provisions of NRS 453.3405 in Spanish to Sanchez, who admitted that he sold heroin, that he was selling heroin for another person, and that he knew such sales were illegal.”
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