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U.S. v. Culbertson, No. 10-1766-cr (2nd Cir.) (670 F.3d 183) (February 3, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Culbertson, No. 10-1766-cr (2nd Cir.) (670 F.3d 183) (February 3, 2012) (Judge Raymond J. Jr. Lohier) by In a prosecution in which the defendant pleaded guilty to a charge of conspiracy to import 100 grams or more of heroin and five kilograms or more of cocaine, the case …

U.S. v. Jones, No. 05-5879-cr (2nd Cir.) (531 F.3d 163) (June 24, 2008) (Judge Reena Raggi)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jones, No. 05-5879-cr (2nd Cir.) (531 F.3d 163) (June 24, 2008) (Judge Reena Raggi) by [Editor's Note: For a more detailed commentary on this decision, see "Second Circuit Issues Notable Decision Distilling Recent Developments in Sentencing Jurisprudence and Clearly Reaffirming Centrality of Sentencing Court’s Discretion," as posted on …

U.S. v. Smith, No. 03-4829 (4th Cir.) (441 F.3d 254) (March 21, 2006) (Judge William W. Jr. Wilkins)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Smith, No. 03-4829 (4th Cir.) (441 F.3d 254) (March 21, 2006) (Judge William W. Jr. Wilkins) by Sitting by designation, District Judge Dever dissents from the portion of the opinion upholding a defendant’s life sentence based on the quantity of drugs involved in the crime. As the quantity …

U.S. v. Lister, No. 04-4304 (7th Cir.) (432 F.3d 754) (December 28, 2005) (Judge William J. Bauer)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Lister, No. 04-4304 (7th Cir.) (432 F.3d 754) (December 28, 2005) (Judge William J. Bauer) by U.S. v. Lister, 432 F.3d 754 (7th Cir. Dec. 28, 2005) (Judge Bauer) U.S. v. Menyweather, 431 F.3d 692 (9th Cir. Dec. 16, 2005) (Judge Graber) U.S. v. Talley, 431 F.3d 784 …

U.S. v. Hankton, No. 03-2345 (7th Cir.) (432 F.3d 779) (December 29, 2005) (Judge John L. Coffey)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Hankton, No. 03-2345 (7th Cir.) (432 F.3d 779) (December 29, 2005) (Judge John L. Coffey) by U.S. v. Stone, 432 F.3d 651 (6th Cir. Dec. 23, 2005) (Judge Kennedy) U.S. v. Cardwell, 433 F.3d 378 (4th Cir. Dec. 30, 2005) (Judge Williams) U.S. v. Hankton, 432 F.3d 779 …

U.S. v. Dalton, No. 04-7043 (10th Cir.) (409 F.3d 1247) (June 2, 2005) (Judge Stephen H. Anderson)

Article • May 1, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Dalton, No. 04-7043 (10th Cir.) (409 F.3d 1247) (June 2, 2005) (Judge Stephen H. Anderson) by U.S. v. Dalton, 2005 U.S. App. LEXIS 9989 (10th Cir. June 2, 2005) (Judge Anderson) U.S. v. Lauder, 2005 U.S. App. LEXIS 10608 (10th Cir. June 8, 2005) (Judge Tymkovich) Both of …

U.S. v. Lauder, No. 04-2120 (10th Cir.) (409 F.3d 1254) (June 8, 2005) (Judge Timothy M. Tymkovich)

Article • May 1, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Lauder, No. 04-2120 (10th Cir.) (409 F.3d 1254) (June 8, 2005) (Judge Timothy M. Tymkovich) by U.S. v. Dalton, 2005 U.S. App. LEXIS 9989 (10th Cir. June 2, 2005) (Judge Anderson) U.S. v. Lauder, 2005 U.S. App. LEXIS 10608 (10th Cir. June 8, 2005) (Judge Tymkovich) Both of …

U.S. v. Thomas, No. 02-10409 (9th Cir.) (355 F.3d 1191) (January 26, 2004) (Judge A. Wallace Tashima)

Article • January 1, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Thomas, No. 02-10409 (9th Cir.) (355 F.3d 1191) (January 26, 2004) (Judge A. Wallace Tashima) by Here the Court vacated a sentence after finding that the district court had erred in ruling that the defendant’s guilty plea necessarily admitted the drug quantity that was alleged in the indictment. …

U.S. v. Perez-Ruiz, No. 02-1466 (1st Cir.) (353 F.3d 1) (December 19, 2003) (Judge Bruce M. Selya)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Perez-Ruiz, No. 02-1466 (1st Cir.) (353 F.3d 1) (December 19, 2003) (Judge Bruce M. Selya) by Here the Court held that even though the indictment charged drug types and quantities sufficient to bring the defendant’s sentence within the life imprisonment authorized by 21 U.S.C. § 841(b)(1)(A), and even …

U.S. v. Flores, No. Crim. No. 1:00cr10029-NG (D.Mass.) (230 F.Supp.2d 138) (June 27, 2002) (Judge Nancy Gertner)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Flores, No. Crim. No. 1:00cr10029-NG (D.Mass.) (230 F.Supp.2d 138) (June 27, 2002) (Judge Nancy Gertner) by Here, Judge Gertner presented a textbook analysis of the twin standards that must be used to determine drug quantity under the relevant conduct provision of the Guidelines - i.e., both reasonable foreseeability …

U.S. v. Culps, No. 99-30169 (9th Cir.) (300 F.3d 1069) (August 19, 2002) (Judge Raymond C. Fisher)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Culps, No. 99-30169 (9th Cir.) (300 F.3d 1069) (August 19, 2002) (Judge Raymond C. Fisher) by Here the Court specifically approved in principle the use of a "multiplier" method of calculating drug quantities over a period of time, although it also held that under the facts of this …

U.S. v. Cleaves, No. 00-5854 (6th Cir.) (299 F.3d 564) (August 6, 2002) (Judge Martha Craig Daughtrey)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Cleaves, No. 00-5854 (6th Cir.) (299 F.3d 564) (August 6, 2002) (Judge Martha Craig Daughtrey) by Here the Court held the failure to instruct the jury to determine the type of drug involved in a conspiracy did not violate Apprendi where evidence that defendant was involved in a …

U.S. v. Bert, No. 01-10175 (9th Cir.) (292 F.3d 649) (June 4, 2002) (Judge Thomas G. Nelson)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Bert, No. 01-10175 (9th Cir.) (292 F.3d 649) (June 4, 2002) (Judge Thomas G. Nelson) by Section 841(b)(1)(A) mandates a minimum sentence of ten years for any mixture or substance that "contains a detectable amount" of a prohibited drug, unless the drug is cocaine base. n4 If the …

U.S. v. Bailey, No. 01-1058 (1st Cir.) (270 F.3d 83) (November 2, 2001) (Judge Robert G. Doumar)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Bailey, No. 01-1058 (1st Cir.) (270 F.3d 83) (November 2, 2001) (Judge Robert G. Doumar) by In this case, the defendant was sentenced to 262 months in prison based on the district court's determination that he was responsible for more than the 50 kilograms of marijuana that would …

U.S. v. Hollingsworth, No. 00-2482 (8th Cir.) (257 F.3d 871) (July 30, 2001) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Hollingsworth, No. 00-2482 (8th Cir.) (257 F.3d 871) (July 30, 2001) (Judge C. Arlen Beam) by Sentencing based on largest quantity of precursor chemicals in methamphetamine case is not a "harmless error" under Apprendi, thus jury must determine drug quantity. Here the Court held that the defendant's 32 …

U.S. v. Gomez, No. 00-2249 (1st Cir.) (255 F.3d 31) (July 6, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Gomez, No. 00-2249 (1st Cir.) (255 F.3d 31) (July 6, 2001) (Judge Bruce M. Selya) by Here the Court held that Apprendi does not require the trial court to submit to the jury for its determination the quantity of drugs that are used to increase a Guidelines sentence …

U.S. v. Burgos, No. 00-1163 (1st Cir.) (254 F.3d 8) (June 22, 2001) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Burgos, No. 00-1163 (1st Cir.) (254 F.3d 8) (June 22, 2001) (Judge Kermit A. Lipez) by The defendant in this case argued that the district court had erred in sentencing him to 108 months in prison in the absence of a jury finding as to the quantity of …

U.S. v. Webb, No. 99-3114 (D.C. Cir.) (255 F.3d 890) (July 27, 2001) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Webb, No. 99-3114 (D.C. Cir.) (255 F.3d 890) (July 27, 2001) (Judge Merrick B. Garland) by Here the Court held that an alleged Apprendi error (not submitting to the jury the issue of how much drugs the defendant sold on three occasions to a government informant) dir not …

U.S. v. Thomas, No. 99-60241 (5th Cir.) (246 F.3d 438) (March 26, 2001) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Thomas, No. 99-60241 (5th Cir.) (246 F.3d 438) (March 26, 2001) (Judge John M. Jr. Duhé) by In reversing the life sentence that had been imposed on defendant Bertha Weekly, the Court stated: "The District Court sentenced Bertha to life in prison based on the amount of crack …

U.S. v. Jones, No. 00-2531 (7th Cir.) (245 F.3d 645) (March 28, 2001) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jones, No. 00-2531 (7th Cir.) (245 F.3d 645) (March 28, 2001) (Judge Michael S. Kanne) by Here the Court held that where a defendant would be subject to a sentence enhancement anyway due to a prior felony drug conviction, and the current conviction is below the statutory maximum, …