Legal Opinion
United States v. Ramse Thomas
Court of Appeals for the Second Circuit
Decided December 12, 2001No. Docket 98-1051PublishedCited by 285 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
The question presented is whether, in light of the United States Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and our Circuit’s decision in United States v. Tran, 234 F.3d 798 (2d Cir.2000), the District Judge was empowered to impose on defendant Ramse Thomas a sentence beyond the otherwise applicable statutory maximum based on his findings, under a preponderance of the evidence standard, concerning the quantity of drugs involved in Thomas’s offense when the indictment made no mention of quantity and…
2Cases cited50 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. OlanoSupreme Court of the United States · 1993
- Neder v. United StatesSupreme Court of the United States · 1999
- Johnson v. United StatesSupreme Court of the United States · 1997
- Griffith v. KentuckySupreme Court of the United States · 1987
45 more not listed; retrieve them via the Exa API.
3Cited by285 opinions
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- Rubin Sira v. R. Morton, C. Artuz, D. Selsky, and G. GoordCourt of Appeals for the Second Circuit · 2004
- United States v. Wayne Gaskin, AKA "Atiba," and Al CastleCourt of Appeals for the Second Circuit · 2004
- United States v. Ernesto Quintieri, Carlo DonatoCourt of Appeals for the Second Circuit · 2002
- United States v. VillafuerteCourt of Appeals for the Second Circuit · 2007
280 more not listed; retrieve them via the Exa API.