Facts
The appellant [A.] was found guilty by the Higher Court of the Canton of Aargau of disposing of 400 grams of cocaine mixture or 328 grams of pure cocaine within the meaning of Art. 19 para. 1 lit. c NarcA and was sentenced to a prison term of 30 months, with 20 months on probation. He was also banned from the country for seven years and the entry of the ban in the SIS was ordered.
The appellant requested with a criminal appeal that the judgment be partially overturned, that he be sentenced for the violation of the Narcotics Act to a conditional prison term of 24 months, or alternatively to a prison term of 30 months, with 24 months on probation, and that no ban from the country be imposed.
Considerations
The Federal Court examined the sentencing and the ban from the country. It found that the lower court had not arbitrarily handled the sentencing and that the ban from the country did not violate federal law.
However, the Federal Court…