Legal Opinion

United States v. Jorge Guevara, AKA "Santa,"

Court of Appeals for the Second Circuit

Decided December 18, 2001No. Docket 00-1133PublishedCited by 54 opinions

1Opinion of the Court

JACOBS, Circuit Judge.

Jorge Guevara appeals from the judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Martin, J.) after a jury trial. Guevara challenges his conviction on the following grounds: (1) under Apprendi v. New Jersey, 580 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), his due process and Sixth Amendment rights were violated when he was sentenced to a mandatory minimum 240 month term of imprisonment under 21 U.S.C. § 841(b)(1)(A) on the basis of a judge’s preponderance finding that more than one kilogram of…

2Cases cited40 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. United States v. CronicSupreme Court of the United States · 1984
  5. Johnson v. United StatesSupreme Court of the United States · 1997

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3Cited by54 opinions

  1. United States v. Gary Allen Lott, United States of America v. Johnny Marton Lott, AKA Johnny Martin LottCourt of Appeals for the Tenth Circuit · 2002
  2. United States v. Lopez-MedinaCourt of Appeals for the Tenth Circuit · 2010
  3. William T. Coleman v. United StatesCourt of Appeals for the Second Circuit · 2003
  4. United States v. Kerwin Blount, AKA Jamaican, AKA John Curly, and Lloyd Streater, AKA Kevin Cash, AKA Fat BoyCourt of Appeals for the Second Circuit · 2002
  5. Citizens Financial Group, Inc. v. Citizens National Bank of Evans City Citizens Inc Citizens National Bank of Southern Pennsylvania Citizens National Bank of Evans City and Citizens, Inc., Citizens Financial Group, Inc. v. Citizens National Bank of Evans City Citizens Inc Citizens National Bank of Southern PennsylvaniaCourt of Appeals for the Third Circuit · 2004

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