Facts
The appellant [X.] was found guilty of check and credit card abuse and violation of the Narcotics Act and sentenced to three months in prison. Later, he was sentenced to 2 ½ years in prison for a felony and misdemeanor related to the Narcotics Act. After another conviction for a felony and misdemeanor under the Narcotics Act, he was sentenced to 24 months in prison, whose execution was suspended in favor of a stationary measure. During the probationary period, [X.] committed another offense and was found guilty of a quantitatively qualified violation and misdemeanor against the Narcotics Act. The District Court lifted the stationary drug therapy measure and sentenced him to a prison term of 34 months. The Court of Appeal of the Canton of Bern sentenced [X.] in the appeal proceedings to a total sentence of 3 ½ years in prison.
Considerations
The Federal Court examines the findings of the lower court on the facts from the point of view of arbitrariness. The appellant complains that the lower court proceeded methodically incorrectly in forming the total sentence. The lower court correctly determines the base sentence based on the new offenses and increases it appropriately with regard to the remaining sentence.
The lower court refers to the judgment of the court of first instance for sentencing and makes targeted changes in the weighting of offense and offender components as well as in the calculation method of the total sentence. The lower court evaluates the elements relevant to sentencing, taking into account the…