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· 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 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.