United States v. Keith Andre McAllister

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).