Ex-Waterloo doctor Louviere back in court, challenges 100-year sentence March 27, 2011 - wcfcourier.com
WATERLOO, Iowa --- About 20 friends and relatives greeted Mark Louviere as a sheriff's deputy led him into the courtroom Friday.
"Hey, everybody. Oh my gosh," Louviere said, smiling and scanning the small crowd that showed up to hear his attorney argue that the former physician should receive a lighter sentence for his methamphetamine conviction.
Police found almost $1 million worth of meth at Louviere's Four Seasons Drive home and at the residence of a neighbor for whom he was house sitting in April 2007.
Louviere pleaded guilty to conspiracy to possess more than 5 kilograms of meth with intent to distribute while in proximity to a park and while in control of a firearm, and conspiracy to possess more than 5 grams of meth near a park while in control of a firearm and violation of the drug tax stamp act.
He was sentenced to up to 100 years in prison in a plea agreement but later challenged the punishment.
"I don't think 100 years is much of a bargain," his attorney, Richard Phelps, said Friday.
Phelps argued the sentencing enhancement for the firearms, which effectively doubled the amount of time Louviere was facing, wasn't backed by evidence.
While investigators found weapons in Louviere's home, they weren't in his immediate control during any drug transactions, Phelps said in court records.
Assistant Black Hawk County Attorney Brad Walz said evidence gathered during the case does draw a connection between the guns and the drugs.
"This house was overwhelmingly being used in the methamphetamine trade," Walz said.
Walz said investigators found a Beretta Model 950 handgun, a Beretta Model 92, a Colt Mustang pistol and four Derringers --- some loaded --- in a cupboard above a desk in the home's office area.
He said a police canine had indicated the odor of drugs on the desk, and other witnesses told of counting drug profits and buying meth in the office area.
There was also a .22-caliber Ruger rifle on the wall.
"We have one hanging on the wall available for use," Walz said.
During police interviews, Louviere also said he had hidden pounds of meth in a crawl space, garage, sauna room and other areas in the house.
Phelps noted that there was no evidence of firearms in the neighbor's house, where the majority of the meth was found during the search.
District Court Judge Richard Stochl will rule on the matter at a later date.
From the bench he questioned Phelps about the possibility that if he sided with Louviere's argument and overturned the sentence, it could put the case back to square one.
This could mean prosecutors asking for consecutive instead of concurrent sentences or other enhancements and the possibility the charge could be moved to federal court.
"Your client could actually end up with a worse sentence than he already has," Stochl said.
Phelps said it was his position that the judge should be able to lower the sentence without restarting the whole case.
|