Legal Opinion
United States v. Davis
District Court, N.D. Georgia
Decided August 26, 1994No. 1:93-cr-00234PublishedCited by 42 opinions
1Opinion of the Court
ORDER
FORRESTER, District Judge.
This matter is before the court on Defendants’ challenge to the sentencing provisions of 21 U.S.C. § 841 which operate to enhance the penalties for offenses involving cocaine base. Jones, who has pled guilty and awaits sentencing, argues that the penalty provisions are void for vagueness, or that they are inapplicable by operation of the rule of lenity because there are two statutory penalties for cocaine. Davis, who has offered to plead guilty conditionally, joins in the latter argument. They are both charged with possession with the intent to distribute…
2Cases cited12 opinions
- Bolling v. SharpeSupreme Court of the United States · 1954
- United States v. BassSupreme Court of the United States · 1971
- Weinberger v. WiesenfeldSupreme Court of the United States · 1975
- Bifulco v. United StatesSupreme Court of the United States · 1980
- Schweiker v. WilsonSupreme Court of the United States · 1981
7 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States v. Kenneth Joseph HillCourt of Appeals for the Sixth Circuit · 1996
- United States v. Lewis J. SmithCourt of Appeals for the Sixth Circuit · 1996
- United States v. FordCourt of Appeals for the Fourth Circuit · 1996
- United States v. Latoscha Ronice Fisher, United States of America v. Frederick Devon Fleming, A/K/A FrogCourt of Appeals for the Fourth Circuit · 1995
- United States v. Henry BookerCourt of Appeals for the Seventh Circuit · 1995
37 more not listed; retrieve them via the Exa API.