United States v. Marc Milton Leachman

How courts have described this case

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

• finding no violation of Apprendi where defendant “pled guilty to an indictment that specified the amount of drugs”
• “[A]ll ... cases before this Circuit which have held that Apprendi applies to mandatory minimum sentences, are overruled to the extent they conflict with Harris and this opinion”
• where defendant “pled guilty to an indictment that specified the amount of drugs” he “effectively waived his rights to have the amount of drugs proved to a jury beyond all reasonable doubt when he pled guilty”
• “[T]here is no basis in Apprendi ... for treating enhancement elements differently than the more traditional elements of the offense, such that their treatment is anything more than the mirror image of the treatment of the other elements.”
• “Leachman claims the burden of proof was unconstitutionally shifted to him during the sentencing hearing. Leach-man failed to object on this point at the trial level. Hence, as with all objections not raised at trial, we review for plain error only.”

Source: CourtListener parenthetical corpus (CC0).