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U.S. v. Thomas, No. 98-1051 (2nd Cir.) (248 F.3d 76) (April 25, 2001) (Per Curiam)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Thomas, No. 98-1051 (2nd Cir.) (248 F.3d 76) (April 25, 2001) (Per Curiam) by On remand from the Supreme Court, the Second Circuit agreed to rehear this drug sentencing case en banc because of its "exceptional importance"; and it requested the parties to address three specific questions. This …

U.S. v. McWaine, No. 99-60265 (5th Cir.) (243 F.3d 871) (January 12, 2001) (Judge W. Eugene Davis)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. McWaine, No. 99-60265 (5th Cir.) (243 F.3d 871) (January 12, 2001) (Judge W. Eugene Davis) by The defendant in this case filed an Apprendi appeal challenging the life sentence he received on a cocaine conspiracy count. His argument was that the indictment had failed to specify any drug …

U.S. v. Smith, No. 00-1590 (8th Cir.) (240 F.3d 732) (January 26, 2001) (Judge Theodore McMillian)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Smith, No. 00-1590 (8th Cir.) (240 F.3d 732) (January 26, 2001) (Judge Theodore McMillian) by In this case the defendant Here the Court held that "The district court may determine at sentencing the quantity of drugs involved in the offense for purposes of applying § 841(b), even if …

U.S. v. Huerta, No. 00-1940 (7th Cir.) (239 F.3d 865) (February 2, 2001) (Judge Kenneth F. Ripple)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Huerta, No. 00-1940 (7th Cir.) (239 F.3d 865) (February 2, 2001) (Judge Kenneth F. Ripple) by Here the Court held that under 7th Circuit precedent a trial judge is not required to submit the issue of drug quantity to the jury so long as the sentence imposed is …

U.S. v. Neuhausser, No. 99-3763 (6th Cir.) (241 F.3d 460) (February 14, 2001) (Judge Gerald E. Rosen)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Neuhausser, No. 99-3763 (6th Cir.) (241 F.3d 460) (February 14, 2001) (Judge Gerald E. Rosen) by Here the Court held that, notwithstanding Apprendi, sentencing on the jury verdict alone was appropriate without additional facts such as drug quantities that were determined at sentencing under the "preponderance of the …

U.S. v. Jackson, No. 98-6487 (10th Cir.) (240 F.3d 1245) (February 27, 2001) (Judge Wade Brorby)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jackson, No. 98-6487 (10th Cir.) (240 F.3d 1245) (February 27, 2001) (Judge Wade Brorby) by This case involved a sentence of 360-months that was imposed on the defendant pursuant to the provisions of 21 U.S.C. § 841(b)(1)(A). At sentencing, the trial court found that the defendant was responsible …

U.S. v. Ortiz, No. 00-2297 (8th Cir.) (236 F.3d 420) (January 3, 2001) (Judge Morris Sheppard Arnold)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Ortiz, No. 00-2297 (8th Cir.) (236 F.3d 420) (January 3, 2001) (Judge Morris Sheppard Arnold) by In this case, relying on Apprendi, the defendant argued that the trial court erred when it declined to submit the question of drug quantity to the jury. He urged that, because the …

U.S. v. Houle, No. 99-1310 (1st Cir.) (237 F.3d 71) (January 23, 2001) (Judge Salvador E. Casellas)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Houle, No. 99-1310 (1st Cir.) (237 F.3d 71) (January 23, 2001) (Judge Salvador E. Casellas) by

U.S. v. Terry, No. 00-1079 (1st Cir.) (240 F.3d 65) (January 10, 2001) (Judge Sandra L. Lynch)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Terry, No. 00-1079 (1st Cir.) (240 F.3d 65) (January 10, 2001) (Judge Sandra L. Lynch) by This case involved the direct appeal of a defendant convicted of dealing in crack cocaine, who was sentenced to 27 years in prison, where the potential enhanced maximum sentence was 30 years. …

U.S. v. Keeling, No. 99-6209 (10th Cir.) (235 F.3d 533) (December 15, 2000) (Judge Paul J. Jr. Kelly)

Article • January 1, 2001 • from P&J November, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Keeling, No. 99-6209 (10th Cir.) (235 F.3d 533) (December 15, 2000) (Judge Paul J. Jr. Kelly) by Here, where the defendant failed to object to the district court's determination of the drug quantity at sentencing, the Tenth Circuit held that the defendant was not entitled to any Apprendi …

U.S. v. Jackson, No. 98-2696 (7th Cir.) (236 F.3d 886) (January 10, 2001) (Per Curiam)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jackson, No. 98-2696 (7th Cir.) (236 F.3d 886) (January 10, 2001) (Per Curiam) by Here, after its earlier decision was vacated by the Supreme Court based on Apprendi, the Seventh Circuit again affirmed the 30-year sentence imposed on the defendant based on the "overwhelming" evidence that his drug …

U.S. v. Champion, No. 00-1031 (2nd Cir.) (234 F.3d 106) (December 8, 2000) (Per Curiam)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Champion, No. 00-1031 (2nd Cir.) (234 F.3d 106) (December 8, 2000) (Per Curiam) by In this limited ruling, the Court rejected an Apprendi challenge to the district court's determinination of drug quantity because the defendant had already stipulated to the quantity which precluded the jury from acting differently. …

U.S. v. Moreno, No. S3 94 CR 0165 (SS) (S.D.N.Y.) (2000 WL 1843232) (December 14, 2000) (Judge Sonia Sotomayor)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Moreno, No. S3 94 CR 0165 (SS) (S.D.N.Y.) (2000 WL 1843232) (December 14, 2000) (Judge Sonia Sotomayor) by Although the Second Circuit has not yet ruled on the impact of Apprendi v. New Jersey, 530 U.S. 466 (2000), this decision, written by Judge Sotomayor, takes on particular significance …

U.S. v. Chavez, No. 00-1404 (8th Cir.) (230 F.3d 1089) (October 20, 2000) (Judge Roger L. Wollman)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Chavez, No. 00-1404 (8th Cir.) (230 F.3d 1089) (October 20, 2000) (Judge Roger L. Wollman) by The defendant in this case was found guilty on four separate counts invloving the illegal distribution of methamphetamine. Through its verdict form, the jury found that the quantity of methamphetamine involved was …

U.S. v. Williams, No. 99-5431 (3rd Cir.) (235 F.3d 858) (December 21, 2000) (Judge Leonard I. Garth)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Williams, No. 99-5431 (3rd Cir.) (235 F.3d 858) (December 21, 2000) (Judge Leonard I. Garth) by In this case the Third Circuit held that a district court does not violate the Apprendi rule by increasing a sentence under the Federal Sentencing Guidelines based on a judicial finding of …

U.S. v. Page, No. 99-5361 (6th Cir.) (232 F.3d 536) (November 9, 2000) (Judge David A. Katz)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Page, No. 99-5361 (6th Cir.) (232 F.3d 536) (November 9, 2000) (Judge David A. Katz) by Here the Court agreed that it was error under Apprendi for the district court to impose a sentence exceeding 20 years under 21 USC § 841(b)(1)(C) - but held that it could …

U.S. v. Jones, No. 97-1377 (10th Cir.) (235 F.3d 1231) (December 19, 2000) (Judge Carlos Lucero)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jones, No. 97-1377 (10th Cir.) (235 F.3d 1231) (December 19, 2000) (Judge Carlos Lucero) by On June 29, 2000, three days after the Supreme Court’s landmark decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), the Supreme Court sent strong signals about the potential impact of Apprendi …

U.S. v. Shepard, No. 00-10653 (11th Cir.) (235 F.3d 1295) (December 14, 2000) (Judge Rosemary Barkett)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Shepard, No. 00-10653 (11th Cir.) (235 F.3d 1295) (December 14, 2000) (Judge Rosemary Barkett) by The defendant in this case, Alphonso Shepard, pled guilty to violating 21 U.S.C. § 841(a)((1) by knowingly possessing an unspecified amount of crack cocaine with intent to distribute. The presentence report prepared by …

U.S. v. Nealy, No. 99-15211 (11th Cir.) (232 F.3d 825) (November 7, 2000) (Judge James Larry Edmondson)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Nealy, No. 99-15211 (11th Cir.) (232 F.3d 825) (November 7, 2000) (Judge James Larry Edmondson) by Here the defendant received thirty-two years of imprisonment on a count of possession of 14.8 grams of cocaine base. He requested a jury instruction on quantity at trial, which was denied, and …

Jones v. U.S., No. 99-8178 (U.S. Supreme Court) (530 U.S. 1271; 120 S.Ct. 2739) (June 29, 2000) (Per Curiam)

Article • October 18, 2000

Filed under: Punch And Jurists, Drug Quantity

Jones v. U.S., No. 99-8178 (U.S. Supreme Court) (530 U.S. 1271; 120 S.Ct. 2739) (June 29, 2000) (Per Curiam) by Apprendi v. New Jersey, 120 S.Ct. 2348 (2000) Jones v. New Jersey, 129 S.Ct. 2339 (2000) (Memorandum) The current term of the Supreme Court (which began on October 4, 1999) …