Legal Opinion · Dissent

United States v. Higdon

Court of Appeals for the Eleventh Circuit

Decided July 8, 2005No. 03-14365Published

1DissentTjoflat, Circuit Judge

On May 9, 2003, a jury in the U.S. District Court for the Middle District of Alabama convicted Jerry Higdon of two counts of distribution of five or more grams of “ice” methamphetamine in violation of 21 U.S.C. § 841(a)(1), one count of possession with the intent to distribute five or more grams of ice in violation of 21 U.S.C. § 841(a)(1), and one count of drive-by shooting in violation of 18 U.S.C. § 36(b).1 Under 21 U.S.C. § 841(b)(1)(B), each of the three drug offenses carried a minimum term of imprisonment of five years and a maximum term of forty years. Drive-by shooting was punishable…

2Cases cited40 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Batson v. KentuckySupreme Court of the United States · 1986
  4. United States v. OlanoSupreme Court of the United States · 1993
  5. Blakely v. WashingtonSupreme Court of the United States · 2004

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