Legal Opinion

United States v. Gary William Minore, AKA Skip, United States of America v. Arthur Torsone, United States of America v. Prommateta Chinawat

Court of Appeals for the Ninth Circuit

Decided June 17, 2002No. 99-30381, 00-30025 and 00-30052PublishedCited by 95 opinions

1Opinion of the Court

FISHER, Circuit Judge.

In this appeal, we consider the significance of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), in a realm other than sentencing. Gary W. Minore challenges the validity of his conviction because the district court did not advise him during the plea colloquy that the government would be required to prove the amount of marijuana involved in the offense to the jury beyond a reason-, able doubt. Applying Apprendi in the context of Federal Rule of Criminal Procedure 11(c)(1), we hold that before accepting a guilty plea, the district court must…

2Cases cited42 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Coolidge v. New HampshireSupreme Court of the United States · 1971
  4. Bousley v. United StatesSupreme Court of the United States · 1998
  5. Neder v. United StatesSupreme Court of the United States · 1999

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

3Cited by95 opinions

  1. United States v. Dominguez BenitezSupreme Court of the United States · 2004
  2. United States v. Jose Covian-SandovalCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. Francisco Jimenez Recio, United States of America v. Adrian Lopez-MezaCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. CopeCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. Charles ThomasCourt of Appeals for the Ninth Circuit · 2004

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

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