Legal Opinion
United States v. James Manuel Banuelos
Court of Appeals for the Ninth Circuit
Decided March 10, 2003No. 01-50051PublishedCited by 60 opinions
1Opinion of the Court
Opinion by Judge FISHER; Dissent by Judge TALLMAN.
OPINION
FISHER, Circuit Judge.
We are once again confronted with an Apprendi-based challenge to a sentence for a federal drug offense. James Manuel Banuelos contends that the district court erred in sentencing him to 120 months in prison for conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We agree. It is well settled that, in determining for purposes of sentencing the quantity of drugs for which a conspirator will be held responsible, the district court is required to determine the quantity of…
2Cases cited20 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Ring v. ArizonaSupreme Court of the United States · 2002
- United States v. VonnSupreme Court of the United States · 2002
- United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002
- United States v. Kayle NordbyCourt of Appeals for the Ninth Circuit · 2000
15 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- United States v. Steven Douglas DareCourt of Appeals for the Ninth Circuit · 2005
- United States v. TreadwellCourt of Appeals for the Ninth Circuit · 2010
- United States v. ReedCourt of Appeals for the Ninth Circuit · 2009
- United States v. Joshua R. KilbyCourt of Appeals for the Ninth Circuit · 2006
- United States v. Charles ThomasCourt of Appeals for the Ninth Circuit · 2004
55 more not listed; retrieve them via the Exa API.