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· 9/17/2003

United States v. Kenneth King, A/K/A Bucky

Citations

  • 345 F.3d 149
  • 2003 U.S. App. LEXIS 19280
  • 2003 WL 22138517

How courts have described this case

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

  • stating that Apprendi did not “alter[] th[e] well-settled principle” that “sentencing enhancements provided in § 841(b) are imposed regardless of the defendant’s state of mind concerning the type or quantity of drugs in his possession”
  • declining to “impute a mens rea requirement into a criminal statute (or apply the mens rea from one portion of a criminal statute to another)” because, in the context of § 841(b), there was “no risk that . . . apparently innocent conduct will be criminalized”
  • “[T]he structure and language of § 841 clearly indicates that the terms ‘knowingly or intentionally’ in § 841(a) modifies the conduct set forth in that sub-section of the statute, and not the penalty provisions in § 841(b).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Straub, Pooler

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.