State of Minnesota v. Everett Williams, Jr., A16-1050

On Nov. 28, 2015, Everett Williams Jr. shot and killed his neighbor; because of a prior conviction for assault with a dangerous weapon he was prohibited from possessing firearms.
Charged initially with second-degree murder; prosecution dismissed that count as likely self-defense but proceeded on felon-in-possession of a firearm (and ammunition) charge.
Williams pleaded guilty to the felon-in-possession charge, admitting facts sufficient for conviction and knowing a 60-month mandatory minimum likely applied.
At sentencing Williams moved for a downward departure, arguing the court retained discretion under Minn. Stat. § 609.11, subd. 8(b) to sentence without regard to the mandatory minimum.
The district court denied the motion, concluding it lacked discretion under § 609.11, subd. 8(b), and imposed the 60-month mandatory sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court has discretion to depart from the mandatory minimum under Minn. Stat. § 609.11, subd. 8(b) when the defendant requests the departure	State: the court lacks discretion when § 609.11, subd. 8(b) applies	Williams: the statute bars only court- or prosecutor-initiated departures; a defendant may request and obtain a departure	The court affirmed: § 609.11, subd. 8(b) removes sentencing discretion in these circumstances; no departure allowed

State v. Sheppard, 587 N.W.2d 53 (Minn. App. 1998) (holds § 609.11, subd. 8(b) precludes judicial discretion to depart from mandatory minimums in listed circumstances)
Miller v. State, 714 N.W.2d 745 (Minn. App. 2006) (states statutory interpretation of sentencing statutes is reviewed de novo)