Legal Opinion
United States v. Anthony Toliver, AKA T, United States of America v. Anthony Brian Patterson, AKA Brian Patterson, AKA Little Ant
Court of Appeals for the Ninth Circuit
Decided December 3, 2003No. 01-10222, 01-10237PublishedCited by 45 opinions
1Opinion of the Court
OPINION
PAEZ, Circuit Judge:
The Supreme Court’s decision in Apprendi v. New Jersey requires that any fact that increases the maximum statutory sentence for a crime must be submitted to a jury, and proven beyond a reasonable doubt. Under 21 U.S.C. § 841(a), (b)(1), the maximum sentence for drug possession and distribution depends upon the quantity and type of drugs involved. 1 In this case, we consider the consequences when a district court properly complies with Apprendi by instructing the jury to return special findings on the quantity and drug type, but the jury, although finding the…
2Cases cited12 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Harris v. United StatesSupreme Court of the United States · 2002
- United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- United States v. Delgado-MarreroCourt of Appeals for the First Circuit · 2014
- United States v. Eric Washington, United States of America v. Eric WashingtonCourt of Appeals for the Ninth Circuit · 2006
- United States v. Charles ThomasCourt of Appeals for the Ninth Circuit · 2004
- United States v. Alvaro Plancarte-Alvarez, United States of America v. Alvaro Plancarte-AlvarezCourt of Appeals for the Ninth Circuit · 2004
- United States v. Salvador VeraCourt of Appeals for the Ninth Circuit · 2014
40 more not listed; retrieve them via the Exa API.