Legal Opinion
United States v. Darin Underwood
Court of Appeals for the Eleventh Circuit
Decided April 25, 2006No. 04-15750PublishedCited by 76 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
The defendant, Darin Underwood (“Underwood”), appeals his 135-month sentence for possession with intent to distribute 50 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(iii). Underwood argues that 21 U.S.C. § 841 is unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and that under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), his sentence must be vacated and remanded because the district court committed plain error by sentencing him under a mandatory…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Ohio v. RobertsSupreme Court of the United States · 1980
- Johnson v. United StatesSupreme Court of the United States · 1997
14 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- United States v. SmallsCourt of Appeals for the Tenth Circuit · 2010
- United States v. Jose Escalante-ReyesCourt of Appeals for the Fifth Circuit · 2012
- United States v. BroussardCourt of Appeals for the Fifth Circuit · 2012
- United States v. SarrasCourt of Appeals for the Eleventh Circuit · 2009
- Edward Dell v. United StatesCourt of Appeals for the Eleventh Circuit · 2013
71 more not listed; retrieve them via the Exa API.