United States v. Jerome Brough

How courts have described this case

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

• holding that \penalty enhancements based on recidivism need not be established beyond a reasonably doubt\
• holding that “penalty enhancements based on recidivism need not be established beyond a reasonably doubt”
• \[T]he statute [S 841] does not say who makes the findings or which party bears what burden of persuasion.\
• “20 years is the maximum under § 841(b)(1)(C) for unlawfully distributing any detectable quantity of any Schedule I or II controlled substance”
• “Apprendi . . . make[s] the jury the right decisionmaker (unless the defendant elects a bench trial), and the reasonable-doubt standard the proper burden, when a fact raises the maximum lawful punishment.”
• “[I]f (for example) [the offense involves] cocaine or heroin, then any pen- alty up to 20 years is lawful even if the jury does not find a par- ticular quantity, because 20 years is the maximum under § 841(b)(1)(C

Source: CourtListener parenthetical corpus (CC0).