Legal Opinion
United States v. Adalberto Garcia
Court of Appeals for the Second Circuit
Decided February 20, 2001No. 2000PublishedCited by 89 opinions
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge.
This appeal of a criminal sentence requires consideration of one of the questions arising in the wake of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The question is whether a jury, rather than a sentencing judge, must find a sentencing fact that, affects only a defendant’s Guidelines sentencing range within a statutory maximum, but has no bearing on sentencing above a statutory maximum, and does not trigger a mandatory statutory minimum. In other words, the fact issue in this case affects only the…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Williams v. New YorkSupreme Court of the United States · 1949
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Jones v. United StatesSupreme Court of the United States · 1999
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- United States v. Ernesto Quintieri, Carlo DonatoCourt of Appeals for the Second Circuit · 2002
- United States v. Ramse ThomasCourt of Appeals for the Second Circuit · 2001
- United States v. Derek A. Vaughn, Zaza Leslie LindoCourt of Appeals for the Second Circuit · 2005
- United States v. HammoudCourt of Appeals for the Fourth Circuit · 2004
- United States v. Tyshea Mincey, Also Known as Tyshea Ferrell, and Deshawn Ferrell, Also Known as Barry ShawnCourt of Appeals for the Second Circuit · 2004
84 more not listed; retrieve them via the Exa API.