Legal Opinion

United States v. Michael P. Madkour

Court of Appeals for the Second Circuit

Decided April 11, 1991No. 575, Docket 90-1397PublishedCited by 40 opinions

1Opinion of the Court

GEORGE C. PRATT, Circuit Judge:

Michael P. Madkour appeals his sentence following his guilty plea to knowingly and intentionally manufacturing and possessing with intent to manufacture marijuana in violation of 21 U.S.C. § 841(a)(1). Madkour was sentenced for possessing in excess of 100 marijuana plants, an amount that triggers a five-year minimum sentence under the section’s penalty provision, § 841(b)(l)(B)(vii). This statutory minimum is one of a number of minimum sentences imposed by congress as part of the Comprehensive Drug Abuse Prevention and Control Act. Had this statutory minimum not…

2Cases cited26 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Gardner v. FloridaSupreme Court of the United States · 1977
  3. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  4. United States v. Carmine Fatico, and Daniel FaticoCourt of Appeals for the Second Circuit · 1978
  5. United States v. Eric Parker, Gary Phillips, and Keith MoonCourt of Appeals for the Second Circuit · 1990

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3Cited by40 opinions

  1. United States of America, Appellee-Cross-Appellant v. Charles O. Shonubi, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1993
  2. United States v. Rafael Pimentel, Amabledeyes Dejesus, Julio Dejesus, Juan Dejesus, Amabledeyes Dejesus, Julio Dejesus, Juan DejesusCourt of Appeals for the Second Circuit · 1991
  3. United States v. William Jones, Dwayne Frederick and Alson SchmidtCourt of Appeals for the Second Circuit · 1994
  4. United States v. Wendell B. RigsbyCourt of Appeals for the Sixth Circuit · 1991
  5. United States v. FitzgeraldCourt of Appeals for the Fifth Circuit · 1996

35 more not listed; retrieve them via the Exa API.

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