· 10/20/2023
RAMCO Asset Management, LLC v. USA Rare Earth, LLC
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the revised § 924(c)(1)(A) defines sentencing factors, as opposed to elements of an offense
- recognizing that court examines legislative intent in view of contemporaneous law, not subsequent developments in law that legislature could not have contemplated
- holding that 18 U.S.C. § 924(c)(1)(A) “regards brandishing and discharging as sentencing factors to be found by the judge, not offense elements to be found by the jury”
- concluding that a mandatory minimum sentencing statute did not raise Apprendi concerns because the statute did not increase the penalty for the offense above the prescribed statutory maximum
- holding that Apprendi did not preclude judge from making factual determination affecting minimum sentence
- holding that Apprendi did not preclude judge from making factual determination affecting minimum sentence
Source: CourtListener parenthetical corpus (CC0).
Judges: Glasscock, V.C.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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