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Article • September 1, 2001 • from P&J September, 2001
U.S. v. Laster, No. 99-6244 (6th Cir.) (258 F.3d 525) (July 26, 2001) (Judge Eugene E. Jr. Siler) by Here the Court rejected the defendants' contention that the Apprendi rule required the jury to determine whether they intended to create D- or L-methamphetamine, since that determination would not have affected …
Article • April 1, 1998 • from P&J April, 1998
U.S. v. O'Bryant, No. 97-60221 (5th Cir.) (136 F.3d 980) (March 3, 1998) (Judge Edith H. Jones) by Here the Court vacated a sentence based on the more serious type of d-methamphetamine because the Government failed to carry its burden of proof in establishing the identity of the drugs involved. …
Article • April 1, 1998 • from P&J April, 1998
U.S. v. Jacobs, No. 97-1211 (8th Cir.) (136 F.3d 1187) (February 18, 1998) (Judge Morris Sheppard Arnold) by Differences between d-type and l-type methamphetamine. After the defendant failed to file any objection to the classification of his drugs at his original sentencing, in his direct appeal, on his first § …
Article • October 1, 1997 • from P&J October, 1997
U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis) by Case held that for purposes of mandatory minimum statute there is no difference between D- and L-types methamphetamine.
Article • October 1, 1997 • from P&J October, 1997
U.S. v. DeJulius, No. 96-2046 (3rd Cir.) (121 F.3d 891) (August 5, 1997) (Judge Timothy K. Lewis) by
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Scrivner, No. 95-30227 (9th Cir.) (114 F.3d 964) (June 10, 1997) (Judge Thomas G. Nelson) by Note: this case was based on the law before Guideline Amendment 518 was adopted. Case held that where a defendant fails to object at sentencing to type of drug used for sentencing …