Legal Opinion

United States v. Clark

Court of Appeals for the Seventh Circuit

Decided August 19, 2008No. 07-1297PublishedCited by 68 opinions

1Opinion of the Court

KANNE, Circuit Judge.

Rickey Clark entered a blind guilty plea with respect to one count of conspiring to possess cocaine with intent to distribute, see 21 U.S.C. § 846, and one count of possessing cocaine with intent to distribute, see id. § 841(a)(1). The district court determined by a preponderance of the evidence that Clark had possessed between 15 and 50 kilograms of cocaine. At the sentencing hearing, the government’s attorney repeatedly stated, in error, that Clark was not subject to a mandatory minimum sentence. The judge considered the 18 U.S.C. § 3553(a) sentencing factors and…

2Cases cited33 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Bozza v. United StatesSupreme Court of the United States · 1947
  4. Carlisle v. United StatesSupreme Court of the United States · 1996
  5. United States v. Abraham HernandezCourt of Appeals for the Seventh Circuit · 2003

28 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. United States v. LongstreetCourt of Appeals for the Seventh Circuit · 2009
  2. United States v. Pineda-BuenaventuraCourt of Appeals for the Seventh Circuit · 2010
  3. United States v. GriffinCourt of Appeals for the Fourth Circuit · 2009
  4. United States v. Booker SewellCourt of Appeals for the Seventh Circuit · 2015
  5. United States v. Jason AustinCourt of Appeals for the Seventh Circuit · 2015

63 more not listed; retrieve them via the Exa API.

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