· 10/25/1994
United States v. Marvin Joe Patterson, United States of America v. Thomas Charles Laythe
Citations
- 38 F.3d 139
- 1994 U.S. App. LEXIS 29685
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 28 U.S.C. § 841(b)(1)(C) (1994) was a sentencing enhancement provision; it increased the term of imprisonment if death or serious injury resulted from the distribution of a controlled substance
- observing that § 841(b)(1)(A) is a\sentencing enhancement pro- vision\ and not a necessary element of liability
- observing that “[t]he district court could have sentenced below the statutory minimum only if this departure was based on the Government’s motion for downward departure due to Defendant’s substantial assistance”
- noting, without addressing vagueness, that § 841(b)(1)(C) “puts drug dealers and users on clear notice that their sentences will be enhanced if people die from using the drugs they distribute”
- “The statute puts drug dealers and users on clear notice that their sentences will be enhanced if people die from using the drugs they distribute.”
- “Section 2D1.1 also contains a sentence enhancement provision that parallels [21 U.S.C.] § 841(b)(1)(C) and applies when a defendant is convicted under § 841(b)(1)(C) and death results from the use of controlled substances. U.S.S.G. § 2D1.1(a)(2)”
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Joseph, Luttig, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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