United States v. John McQuilkin

How courts have described this case

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

• \It is a canon of statutory construction that the inclusion of certain provisions implies the exclusion of others.\
• “In clear and unambiguous language, therefore, 18 U.S.C. § 3553(f) does not apply to convictions under 21 U.S.C. § 860 . . . .”
• \It is a canon of statutory construction that the inclusion of certain provisions implies the exclusion of others.\
• “Although § 860 refers to § 841 . . . it requires a separate and distinct element—distribution within 1,000 feet of a school.”
• “The issue on appeal is whether the ‘safety valve’ provision in 18 U.S.C. § 3553(f) applies to 21 U.S.C. § 860 . . . so that a court may impose a sentence shorter than the statutory minimum provided in § 860.”

Source: CourtListener parenthetical corpus (CC0).