Skip to main content
· 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 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.