United States of America v. Forestell Norman Sheppard

How courts have described this case

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

• ruling that the statutory language of § 841(b) does not require the government to prove that defendant knew of the specific drug type and quantity at issue
• holding that “where a prior conviction increases the statutory maximum, the use of drug quantity at sentencing will not conflict with Apprendi so long as it results in a sentence within the § 841(b)(1)(C) maximum”
• noting that quantity is an element of a sec. 841 offense, but there is likely no Apprendi problem if the sentence received is within the \statutory maximum penalty for sec. 841 offenses involving any quantity of a Schedule II controlled substance\
• describing quantity as the fourth element of the offense and citing Sheppard
• describing quantity as the fourth element of the offense and citing Sheppard
• finding a prosecutor’s discussion of the law in closing argument was not error when the prosecutor’s comments “were consistent with the court’s instructions on the subject”

Source: CourtListener parenthetical corpus (CC0).