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Legal Opinion

United States v. Brisbane, George

Court of Appeals for the D.C. Circuit

Decided May 11, 2004No. 03-3057PublishedCited by 44 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This appeal from a criminal conviction exposes a problem in the provisions setting penalties for cocaine offenses. A jury found George Brisbane guilty of distribut ing five or more grams of “cocaine base,” in violation of 21 U.S.C. § 841. Because of Brisbane’s status as a career offender, the district court sentenced him to 360 months’ imprisonment. Punishment for violating § 841 depends on the weight of drugs involved in the offense. A certain quantity of “cocaine base” will trigger much stiffer penalties than an…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Sanabria v. United StatesSupreme Court of the United States · 1978
  3. Moskal v. United StatesSupreme Court of the United States · 1990
  4. Bernard Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  5. United States v. James Easter, Jr.Court of Appeals for the Tenth Circuit · 1992

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

3Cited by44 opinions

  1. United States v. Derrek ArringtonCourt of Appeals for the D.C. Circuit · 2014
  2. United States v. PhoCourt of Appeals for the First Circuit · 2006
  3. United States v. Carl EdwardsCourt of Appeals for the Seventh Circuit · 2005
  4. United States v. HigginsCourt of Appeals for the Sixth Circuit · 2009
  5. United States v. JohnsonCourt of Appeals for the D.C. Circuit · 2008

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

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