Legal Opinion
United States v. John McQuilkin
Court of Appeals for the Third Circuit
Decided March 11, 1996No. 95-1127PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
I
The issue on appeal is whether the “safety valve” provision in 18 U.S.C. § 3553© applies to 21 U.S.C. § 860, the “schoolyard” statute, so that a court may impose a sentence shorter than the statutory minimum provided in § 860.
II
Between March and July 1994, John McQuilkin sold quantities of methamphetamine to an informant cooperating with the Drug Enforcement Agency and to an undercover DEA agent. Each sale occurred within 1,000 feet of a school.
McQuilkin was arrested and charged under 21 U.S.C. § 841(a)(1) (distribution), 1 21 U.S.C. § 860…
2Cases cited13 opinions
- Garrett v. United StatesSupreme Court of the United States · 1985
- United States v. Milton HawkinsCourt of Appeals for the Third Circuit · 1987
- Government of the Virgin Islands v. Henry D. KnightCourt of Appeals for the Third Circuit · 1993
- United States v. Rufus HollandCourt of Appeals for the D.C. Circuit · 1987
- United States v. Afnan Jerome ParkerCourt of Appeals for the Fourth Circuit · 1994
8 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005
- United States v. Robert McQuilkinCourt of Appeals for the Third Circuit · 1996
- United States v. Dung BuiCourt of Appeals for the Third Circuit · 2015
- United States v. Atanacio Gonzalez-RodriguezCourt of Appeals for the Eighth Circuit · 2001
- United States v. Timothy Donald KoonsCourt of Appeals for the Eighth Circuit · 2002
48 more not listed; retrieve them via the Exa API.