Legal Opinion
United States v. Charles Edward McDonald
Court of Appeals for the Fifth Circuit
Decided November 29, 1982No. 82-3132PublishedCited by 29 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
Charles McDonald made two illegal deliveries of drugs to an undercover agent, and pled guilty to two counts of distributing a controlled substance in violation of 21 U.S.C. § 841(a). The question now is whether two separate physical deliveries of a controlled substance on two different days, all part of a single financial scheme involving the same buyer and sellers, constitute separate criminal acts subject to consecutive sentences. We hold that under the applicable statute the unit of prosecution is a delivery, and affirm the consecutive sentences.
I
In June of 1980…
2Cases cited23 opinions
- Whalen v. United StatesSupreme Court of the United States · 1980
- Albernaz v. United StatesSupreme Court of the United States · 1981
- Bell v. United StatesSupreme Court of the United States · 1955
- Gore v. United StatesSupreme Court of the United States · 1958
- Simpson v. United StatesSupreme Court of the United States · 1978
18 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. Mario LechugaCourt of Appeals for the Fifth Circuit · 1989
- United States v. Samuel J. Russotti, Rene Piccarreto, Richard J. Marino, and Thomas E. MarottaCourt of Appeals for the Second Circuit · 1983
- United States v. Leonard FaymoreCourt of Appeals for the Sixth Circuit · 1984
- United States v. Anthony GrandisonCourt of Appeals for the Fourth Circuit · 1986
- United States v. Brian Hoyt, AKA Brian DoyleCourt of Appeals for the Ninth Circuit · 1989
24 more not listed; retrieve them via the Exa API.