DOVER, Del. (AP) - A federal judge in Wilmington has scheduled a resentencing date for a former Claymont pharmacist serving 20 years in prison for illegally distributing 45,000 Oxycodone pain pills.
Bruce Costa was convicted in 2011 on three counts of unlawfully distributing Oxycodone and one count of maintaining a premises to distribute the drug.
Costa has challenged his 20-year prison term, arguing that sentencing guidelines used at his trial included a provision that was not adopted until after his crimes were committed.
Prosecutors have not challenged the move, noting that the Supreme Court has ruled that when a person is sentenced under harsher guidelines that were promulgated after the crime, it is a violation of the Constitution’s ex post facto clause.
The judge on Tuesday scheduled Costa’s resentencing for Jan. 28.
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