· 1/9/1992
United States v. James E. Schuster
Citations
- 948 F.2d 313
- 1991 WL 222368
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the difference between a sentence in the 21-to-27-month range and a 5-year sentence was not so “exceptional” as to require a higher burden of proof, but implying that an “exceptional” situation would warrant a higher burden of proof
- finding that the difference between a sentence in the 21-to-27-month range and a 5-year sentence was not so “exceptional” as to require a higher burden of proof, but implying that an “exceptional” situation would warrant a higher burden of proof
- “This Court has consistently held that the quantity of drugs involved in a narcotics case does not constitute a substantive element of the drug offense.”
- the difference between the 21-27 month guideline range and the 60-month sentence imposed pursuant to a statutory mandatory minimum was not so dramatic as to mandate a higher standard of proof
- enhancement from 21-27 month range to 5-year sentence
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Cudahy, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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