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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) …

U.S. v. Doggett, No. 99-50380 (5th Cir.) (230 F.3d 160) (October 6, 2000) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Doggett, No. 99-50380 (5th Cir.) (230 F.3d 160) (October 6, 2000) (Judge Fortunato P. Benavides) by The two defendants in this case, Rodney Sloan Doggett and Dunois "Dee" T. Beman, were indicted for conspiracy to manufacture an unspecified quantity of methamphetamine, in violation of 21 U.S.C. §§ 841(a) …

U.S. v. Maslin, No. 99-CR-159-7 (N.D.N.Y.) (2000 WL 1294254) (September 14, 2000) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Maslin, No. 99-CR-159-7 (N.D.N.Y.) (2000 WL 1294254) (September 14, 2000) (Judge Thomas J. McAvoy) by United States v. Swatzie, 228 F.3d 1278 (11th Cir. 2000) (Judge Cox) United States v. Maslin, 2000 WL 1294254 (N.D.N.Y. 9/14/00) (Judge McAvoy) The Supreme Court’s decision on June 26, 2000 in Apprendi …

U.S. v. Angle, No. 96-4662 (4th Cir.) (230 F.3d 113) (October 12, 2000) (Judge James H. Jr. Michael)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Angle, No. 96-4662 (4th Cir.) (230 F.3d 113) (October 12, 2000) (Judge James H. Jr. Michael) by This direct appeal dealt with numerous challenges to the convictions and sentences of three defendants following a trial at which they were convicted of various drug conspiracy and money laundering charges. …

U.S. v. Rogers, No. 99-15150 (11th Cir.) (228 F.3d 1318) (September 29, 2000) (Judge Gerald B. Tjoflat)

Article • September 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Rogers, No. 99-15150 (11th Cir.) (228 F.3d 1318) (September 29, 2000) (Judge Gerald B. Tjoflat) by Just prior to the instant decision, the Eleventh Circuit held, in U.S. v. Swatzie, No. 00-10729 (11th Cir. 9/27/00), that the plain error rule precluded the defendant in that case from obtaining …

U.S. v. Henderson, No. Crim.A. 2:99-00214-0 (S.D.W.Va.) (105 F.3d 523) (July 19, 2000) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Henderson, No. Crim.A. 2:99-00214-0 (S.D.W.Va.) (105 F.3d 523) (July 19, 2000) (Judge Cynthia Holcomb Hall) by Here the District Court held that the rule established by the Supreme Court in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) “mandates that in cases in which the …

U.S. v. Kelly, No. CR. 00-0652-R (S.D.Cal.) (105 F.Supp.2d 1107) (July 14, 2000) (Judge John S. Sr. Rhoades)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Kelly, No. CR. 00-0652-R (S.D.Cal.) (105 F.Supp.2d 1107) (July 14, 2000) (Judge John S. Sr. Rhoades) by In this case, District Judge Rhoades acknowledged that Apprendi required the Court to “revisit” the issue of whether 21 U.S.C. § 841(b) sets forth sentencing factors for the judge to decide …

U.S. v. Sheppard, No. 00-1218 (8th Cir.) (219 F.3d 766) (July 18, 2000) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Sheppard, No. 00-1218 (8th Cir.) (219 F.3d 766) (July 18, 2000) (Judge James B. Loken) by United States v. Sheppard, 219 F.3d 766 (8th Cir. 2000) (Judge Loken) United States v. Aguayo-Delgado, 220 F.3d 926 (8th Cir. 2000) (Judge Bowman) In late June, the Supreme Court handed down …

U.S. v. Harris, No. CR 99-0002-MWB (N.D.Iowa) (66 F.Supp.2d 1017) (September 14, 1999) (Judge Mark W. Bennett)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Harris, No. CR 99-0002-MWB (N.D.Iowa) (66 F.Supp.2d 1017) (September 14, 1999) (Judge Mark W. Bennett) by In this case the Court held that drug quantites need not be pleaded nor proved to obtain a conviction, and the decision is particularly noted for its detailed analysis of Jones v. …

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Warren, No. 98-6488 (3rd Cir.) (186 F.3d 358) (July 21, 1999) (Judge Marjorie O. Rendell) by This is a vintage drug-sentencing case emanating from the courtroom of Judge Lechner of New Jersey. The defendant in this case was in Israel on a business trip when he was offered …

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Valencia-Gonzales, No. 98-20144 (5th Cir.) (172 F.3d 344) (April 9, 1999) (Judge Edith H. Jones) by This is an interesting case which addresses a fairly common issue: Can a defendant in a drug case assert that he has a due process right to be sentenced on the basis …

U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Hazut, No. 96-1683 (2nd Cir.) (140 F.3d 187) (March 25, 1998) (Judge Richard J. Cardamone) by The Guidelines are now more than 10 years old; and in that brief time span they have probably produced more litigation than any other piece of legislation ever devised by Congress - …

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam) by Case held that when defendant is charged with possession under 21 USC § 844(a), the quantity of drugs was not a mere penalty provision to be decided by the judge since the crime could …

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Brinton, No. 96-50173 (9th Cir.) (139 F.3d 718) (March 19, 1998) (Judge Thomas G. Nelson) by Case held that alleged unmarketability of mixture containing methamphetamine did not preclude court from including that mixture in the weight of the drugs.

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Stone, No. 4/22/98 (11th Cir.) (139 F.3d 822) (April 22, 1998) (Per Curiam) by Every once in a while, a court will focus attention on one of those pragmatic but logically untenable products of judicial engineering that is boldly created and blindly accepted to help the Government maintain …

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Rodriguez, No. 3:95CR772 (N.D.Ohio) (977 F.Supp. 1320) (May 30, 1997) (Judge John W. Potter) by Here the Court refused to attribute to the defendant, for sentencing purposes, the amount of drugs that an undercover agent attempted to sell to him and for which he did not have sufficient …

U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Desimone, No. 96-1023, No. 440 (2nd Cir.) (119 F.3d 217) (July 28, 1997) (Judge Richard J. Cardamone) by One of the many issues addressed in this multi-defendant drug conspiracy case dealt with a claim by one of the defendants that he had neither the capacity nor the intent …

U.S. v. Booze, No. 96-3025 (D.C. Cir.) (108 F.3d 378) (March 18, 1997) (Judge Judith W. Rogers)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Booze, No. 96-3025 (D.C. Cir.) (108 F.3d 378) (March 18, 1997) (Judge Judith W. Rogers) by In Re Sealed Case, 108 F.3d 372 (D.C.Cir. 1997) (Per Curiam) United States v. Booze, 108 F.3d 378 (D.C.Cir. 1997) (Judge Rogers) Both of these cases deal with the critically important question …