Cedar Rapids man resentenced to life in federal prison for drugs

CEDAR RAPIDS - A 38-year-old Cedar Rapids man convicted of distributing heroin and cocaine was resentenced in federal court Thursday in accordance with an 8th Circuit Court of Appeals decision, but it only changed one of the charges, not his time in prison.

Samuel Ford was convicted by jury for distribution of heroin within 1,000 feet of a school on Feb. 19, 2011, resulting in the death of another man, after having previous felony drug offenses, and distribution of cocaine base and heroin on Feb. 23, 2011, after having previous felony drug offenses. The jury also found the heroin was a contributing factor in the death.

The appeals court reversed the conviction of the distribution of heroin resulting in death based on a U.S. Supreme Court decision that found use of a drug distributed by the defendant isn't sufficient by itself to cause the victim's death or serious bodily injury and a defendant can't be liable for penalty enhancement, according to court documents.

U.S. District Chief Judge Linda Reade said the appeals court reversed the conviction on that count and convicted Ford on the lesser included offense of distribution of a controlled substance within 1,000 feet of a protected location - a school. Reade said the conviction still requires a mandatory life sentence and she has no discretion.

Ford in his allocution said he felt his trial was unfair and he's innocent.

Reade denied the defense's argument that a life sentence violates the Eighth Amendment prohibition against cruel and unusual punishment and that the life sentence is grossly disproportionate to the crime.

Ford has 10 prior felony drug convictions, including six for delivery of a controlled substance, according to the prosecution's resistance to the motion. Ford distributed heroin within 1,000 feet of a school and the jury found he contributed to a man's death.

'Rather than stop selling drugs upon the death of his friend, defendant continued to distribute drugs, including a distribution of crack and heroin to an undercover agent just days later,” Assistant U.S. Attorney Daniel Tvedt said in the resistance.

Reade also ordered a 10-years supervised release for Ford just in case laws change and he would get out some day.