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· 7/26/2023

People v. Guy

Citations

  • 227 N.E.3d 106
  • 2023 IL App (3d) 210423

How courts have described this case

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

  • holding evidence was sufficient to show defendant had constructive possession of drugs in apartment even though his wife also lived there and was the sole signatory on the renewal lease
  • rejecting a Sixth Amendment challenge to the use of acquitted conduct to enhance a guidelines sentence
  • “Constructive possession can be established by either direct or cir- cumstantial evidence and by inferences arising from the surround- ing circumstances.”
  • internal quotation marks omitted, citation omit- ted, and alteration adopted
  • “[U]nder an advisory Guidelines scheme, courts can continue to consider rele- vant acquitted conduct so long as the facts underlying the conduct are proved by a preponderance of the evidence and the sentence imposed does not exceed the maximum sentence authorized by the jury verdict.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.