United States v. Abraham Hernandez

How courts have described this case

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

• reasoning that Apprendi is inapplicable when the defendant is sen- tenced below the statutory maximum for the charged offense
• reasoning that Apprendi is inapplicable when the defendant is sentenced below the statutory maximum for the charged offense
• upholding the admission of gang violence evidence where it was comparatively slight in light of the length of trial
• finding no plain error when jury instructions omitted the statute’s scienter requirement of “intentionally” and only included “knowingly” when other words used in the instructions were sufficient to convey the requisite mental state
• upholding the 10 Nos. 03-1838, 03-1849 & 03-1878 admission of gang violence evidence where it was compara- tively slight in light of the length of trial
• applying § 5G1.2(d) when the Guidelines range was 30 years to life, and the statutory maximum penalty on each of the four counts of conviction was 20 years

Source: CourtListener parenthetical corpus (CC0).