Legal Opinion

United States of America v. Carless Jones

Court of Appeals for the Tenth Circuit

Decided December 19, 2000No. 97-1377, 97-1463PublishedCited by 88 opinions

1Opinion of the Court

OPINION ON REMAND

LUCERO, Circuit Judge.

This case is before us on remand. See Jones v. United States, — U.S. -, 120 S.Ct. 2739, 147 L.Ed.2d 1002 (2000) (“Carless Jones II ”). When this case came before us initially, we considered the question of whether the Fifth and Sixth Amendments to the United States Constitution require the quantity of drugs involved in an offense of conviction under 21 U.S.C. § 841 to be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt for a defendant to be exposed to an increased maximum statutory punishment on the basis of that drug…

Also in this document: Concurrence.

2Cases cited25 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Stirone v. United StatesSupreme Court of the United States · 1960
  4. Jones v. United StatesSupreme Court of the United States · 1999
  5. United States v. GaudinSupreme Court of the United States · 1995

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3Cited by88 opinions

  1. United States v. DuarteCourt of Appeals for the First Circuit · 2001
  2. United States v. Ramse ThomasCourt of Appeals for the Second Circuit · 2001
  3. United States v. Samuel O. White, Luis Noel Cruz, AKA Danny CruzCourt of Appeals for the Second Circuit · 2001
  4. United States v. Guy J. WestmorelandCourt of Appeals for the Seventh Circuit · 2001
  5. United States v. Gary Allen Lott, United States of America v. Johnny Marton Lott, AKA Johnny Martin LottCourt of Appeals for the Tenth Circuit · 2002

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