United States v. Michael P. Madkour
Court of Appeals for the Second Circuit
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
- Simmons v. United StatesSupreme Court of the United States · 1968
- Gardner v. FloridaSupreme Court of the United States · 1977
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- United States v. Carmine Fatico, and Daniel FaticoCourt of Appeals for the Second Circuit · 1978
- United States v. Eric Parker, Gary Phillips, and Keith MoonCourt of Appeals for the Second Circuit · 1990
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3Cited by40 opinions
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- United States v. William Jones, Dwayne Frederick and Alson SchmidtCourt of Appeals for the Second Circuit · 1994
- United States v. Wendell B. RigsbyCourt of Appeals for the Sixth Circuit · 1991
- United States v. FitzgeraldCourt of Appeals for the Fifth Circuit · 1996
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