United States v. Gary Allen Lott, United States of America v. Johnny Marton Lott, AKA Johnny Martin Lott

How courts have described this case

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

• concluding that purpose of loaded firearm next to drug paraphernalia “was to provide defense or deterrence in furtherance of” drug- trafficking crime
• holding that the placement of a loaded weapon on the driver’s seat of a car carrying drug instrumentalities was sufficient evidence of possession in furtherance of a crime
• holding that Apprendi is not retroactively applicable to initial habeas corpus petitions
• stating that “to prove a total breakdown in communication, a defendant must put forth evidence ... that he had such minimal contact with the attorney that meaningful communication was not possible”
• noting that ineffectiveness claims “must almost always be brought on collateral attack”
• concluding Apprendi error was plain but that defendant’s substantial rights were not affected where resentencing still would have resulted in a 125-year term of imprisonment – the “effective equivalent” of a life sentence

Source: CourtListener parenthetical corpus (CC0).