Legal Opinion
United States v. Powell
District Court, E.D. Pennsylvania
Decided August 10, 2000No. CRIM. A. 99-719PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM
EDUARDO C. ROBRENO, District Judge.
The issue before the court is whether the Supreme Court’s recent decision in Apprendi v. New Jersey requires the fact of a criminal defendant’s prior conviction, which increases the penalty for a crime beyond the statutory maximum, to be charged in the indictment.
On May 8, 2000, the defendant, Allen Powell (“defendant”), pled guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). The statutory maximum term of imprisonment for a violation of § 922(g) is ten (10) years. See 18 U.S.C. § 924(a)(2).…
2Cases cited9 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
- Jones v. United StatesSupreme Court of the United States · 1999
- Hutto v. DavisSupreme Court of the United States · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. DillardAppellate Court of Illinois · 2001
- United States v. Frank D. MatthewsCourt of Appeals for the Sixth Circuit · 2002
- People v. GarryAppellate Court of Illinois · 2001
- United States v. Cuevas-AndradeCourt of Appeals for the Fifth Circuit · 2000
- Saldo v. StateDistrict Court of Appeal of Florida · 2001
12 more not listed; retrieve them via the Exa API.