Legal Opinion
United States v. Damien Hill
Court of Appeals for the Seventh Circuit
Decided November 12, 1999No. 99-1158PublishedCited by 36 opinions
1Opinion of the Court
POSNER, Chief Judge.
The sole issue presented by this appeal is whether the defendant, convicted of possession with intent to distribute of crack cocaine, 21 U.S.C. § 841(a)(1), was entitled to an instruction that would have permitted the jury to convict him instead of the less grave offense of simple possession. 21 U.S.C. § 844(a). A defendant is entitled to an instruction on a “lesser included” offense only if there is enough evidence to permit a rational jury to conclude that he was guilty of it, Schmuck v. United States, 489 U.S. 705, 716 n. 8, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989);…
2Cases cited22 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Schmuck v. United StatesSupreme Court of the United States · 1989
- United States v. Jeff BoydCourt of Appeals for the Seventh Circuit · 1995
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Abraham Gladney, Jr. v. Pendleton Correctional Facility and Indiana Department of CorrectionsCourt of Appeals for the Seventh Circuit · 2002
- Frank Thomas v. General Motors Acceptance Corp.Court of Appeals for the Seventh Circuit · 2002
- United States v. KizeartCourt of Appeals for the Seventh Circuit · 2007
- United States v. Dawon D. PuckettCourt of Appeals for the Seventh Circuit · 2005
- United States v. UptonCourt of Appeals for the Seventh Circuit · 2008
31 more not listed; retrieve them via the Exa API.