Legal Opinion
United States v. Eirby
Court of Appeals for the First Circuit
Decided August 29, 2001No. 00-1945PublishedCited by 53 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Defendant-appellant Kenneth J. Eirby complains that the district court impermis-sibly attributed to him, for sentencing purposes, a quantity of crack cocaine (cocaine base) greater than that described in the indictment and plea agreement. In his view, the resultant sentence and the methodology used to arrive at it intrude upon the prerogative of the grand jury and, in the bargain, offend the principles enunciated in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). In a more global attack on his sentence, he also asseverates that the federal…
2Cases cited31 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Hamling v. United StatesSupreme Court of the United States · 1974
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Wong Tai v. United StatesSupreme Court of the United States · 1927
- United States v. DuarteCourt of Appeals for the First Circuit · 2001
26 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. Ramse ThomasCourt of Appeals for the Second Circuit · 2001
- United States v. Soto-BeniquezCourt of Appeals for the First Circuit · 2003
- United States v. Vega-MolinaCourt of Appeals for the First Circuit · 2005
- United States v. PhoCourt of Appeals for the First Circuit · 2006
- United States v. SuniaDistrict Court, District of Columbia · 2009
48 more not listed; retrieve them via the Exa API.