MCIVER, DEREK, PEOPLE v

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, in the “totality of the circumstances assessment” appropriate 12 for determining whether to apply the § 2D1.1(b)(12
• explaining that drug-premises enhancement \clearly contemplates a premises with more than one primary use\
• “Because we have interpreted the statute similar to the guideline, . . . discussion of § 856(a)(1) [is] instructive.”
• \But looking to both the size and the scope of the drug-related use of the home ... ensures the enhancement will not apply when that use is truly 'incidental.' \
• over one pound of methamphetamine, digital scales, baggies, and surveillance cameras found
• “A substantial drug distribution that regularly and quickly passes through the home (two or three days) on a bi-monthly or tri-monthly basis may qualify as a primary use of the premises for drug-related purposes . . . .”

Source: CourtListener parenthetical corpus (CC0).