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· 12/3/2003

United States v. Anthony Toliver, AKA T, United States of America v. Anthony Brian Patterson, AKA Brian Patterson, AKA Little Ant

Citations

  • 351 F.3d 423
  • 2003 Cal. Daily Op. Serv. 10359
  • 2003 Daily Journal DAR 13072
  • 2003 U.S. App. LEXIS 24283
  • 2003 WL 22852610

How courts have described this case

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

  • holding that “[t]he tainted drug quantity verdict does not affect the validity of the underlying conspiracy conviction because drug quantity was not an element of the charged conspiracy offense”
  • holding that under §§ 841(a) and 841(b)(1) drug quantity and type are functional equivalents of elements of the offense when a finding would expose the defendant to an increased maximum sentence
  • holding that under §§ 841(a) and 841(b)(1) drug quantity and type are functional equivalents of elements of the offense when a finding would expose the defendant to an increased maximum sentence
  • holding that the district court’s drug quantity determination at sentencing did not violate Apprendi because the defendants were not exposed to a sentence that exceeded the 20 year maximum sentence authorized by the jury’s verdict
  • holding that the government’s failure to prove drug type and quantity did not entitle the defendants to a judgment of acquittal and that the district court was instead “restricted in the maximum sentence that it could impose”
  • “[AJttaching the label ‘element’ to a fact that may increase the maximum statutory sentence only has significance for purposes of satisfying the due process rights established by Apprendi”

Source: CourtListener parenthetical corpus (CC0).

Judges: Leavy, Rymer, Paez

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.