Fourth Circuit· 11/20/2001

United States v. Keith Andre McAllister

Citations

272 F.3d 228
2001 WL 1387341

How courts have described this case

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

holding, in the context of a constitutional challenge to 21 U.S.C. § 841, that Apprendi announced a procedural rule
holding § 841 is not facially unconstitutional in light of Apprendi because no language in § 841 \purports to prescribe a process by which the elements of the crime and other relevant facts must be determined\
deeming weapon enhancement inapplicable where only evidence of possession was witness’s statement
deeming weapon enhancement inapplicable where only evidence of possession was witness's statement
reversing section 2Dl.l(b)(l) enhancement where the evidence established only that the defendant possessed a gun on various occasions, but did not establish that the defendant possessed a gun during the drug transactions for which he was convicted
“In order to prove that a weapon was present, the Government need show only that the weapon was possessed during the relevant illegal drug activity” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Williams, Hamilton

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Cited by

60 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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