United States v. Lamance Cookie Bert, United States of America v. Lamance Cookie Bert

How courts have described this case

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

• noting that arriving at an “arbitrary quantitative determination” like the minimum amount of cocaine base that is a “detectable amount” is a “quintessentially legislative function”
• declining to apply presumption when “the mechanical application of expressio unius is contrary to both logic and legislative purpose”
• declining to apply presumption when “the mechanical application of ex-pressio unius is contrary to both logic and legislative purpose”
• declining to apply presumption when “the mechanical application of expressio unius is contrary to both logic and legislative purpose”
• analyzing the maxim in the statutory-interpretation context and noting that it is “a product of logic and common sense, 18 properly applied only when it makes sense as a matter of legislative purpose” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).