Legal Opinion

United States v. James

Court of Appeals for the Eleventh Circuit

Decided June 9, 2011No. 10-10399PublishedCited by 40 opinions

Non-Argument Calendar.

1Per curiam

Samuel Thamar James appeals his conviction and 262-month sentence for possession with intent to distribute less than five grams of cocaine, in violation of 21 U.S.C. § 841(b)(1)(C). James argues on appeal that the district court’s instruction on reasonable doubt misled the jury and lowered the government’s burden of proof by including a subjective standard of proof. Next, James argues that the district court did not comply with the 21 U.S.C. § 851(b) requirements in sentencing him because the court failed to conduct the required colloquy regarding his prior convictions. James also argues that…

2Cases cited25 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. United States v. John Weaver, Thomas D. SikesCourt of Appeals for the Eleventh Circuit · 1990
  5. United States v. Marissa Giselle MasseyCourt of Appeals for the Eleventh Circuit · 2006

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3Cited by40 opinions

  1. United States v. BastonCourt of Appeals for the Eleventh Circuit · 2016
  2. United States v. Lourdes Margarita GarciaCourt of Appeals for the Eleventh Circuit · 2018
  3. United States v. Hamid Mohamed Ahmed Ali RehaifCourt of Appeals for the Eleventh Circuit · 2018
  4. Martin v. United StatesDistrict Court, E.D. New York · 2011
  5. United States v. Keenan Aubrey DavisCourt of Appeals for the Eleventh Circuit · 2016

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

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