United States of America,plaintiff-Appellee v. Michael Pigee, Ramon Webb, and Denishha Ann Lipscomb

How courts have described this case

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

• holding that a variance is benign if it “does not create a risk of conviction for an uncharged offense.”
• reversing a conviction for “manufacturing, storing, distributing, or using” cocaine, when only “storing” was alleged in the indictment, but evidence of distribution was introduced at trial
• \We believe that the variances in the court's instruction on Count 6 were so minor that they would not generate any risk that Lipscomb would be convicted of a crime not charged.\
• a sentencing judge may determine that cocaine base was crack through witness testimony; chemical analysis is not required
• “We believe that the variances in the court’s instruction on Count 6 were so minor that they would not generate any risk that Lipscomb would be convicted of a crime not charged.”
• “In its discussions on the application of the weapons enhancement, this court has rejected arguments by defendants that the mere presence of firearms in their residences does not warrant application of the enhancement provided in § 2D1.1(b)(1).”

Source: CourtListener parenthetical corpus (CC0).