· 12/19/2000
United States v. Paul Thomas Kinter
Citations
- 235 F.3d 192
- 2000 U.S. App. LEXIS 33138
- 2000 WL 1853317
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that judicial factfinding relating to the imposition of a sentence within the statutory range specified by Congress does not violate the Apprendi rule
- holding that Apprendi does not apply to judge’s exer- cise of discretion within statutory range, as long as sentence imposed does not exceed statutory maximum
- holding that judicial factfinding relating to the imposition of a sentence within the statutory range specified by Congress does not violate the Apprendi rule
- holding that Apprendi does not apply to judge's exercise of sentencing discretion within statutory range, so long as defendant's sentence is not set beyond maximum term specified in substantive statute
- acknowledging that if the district court had \disregarded the maximum\ Guideline standard range, \we would have been required to vacate\ the sentence
- recognizing that the Apprendi holding is limited to factual determinations that increase the penalty for a crime beyond the prescribed statutory maximum, and holding that the prescribed statutory maximum is found by looking to the language of the statute criminalizing the offense
Source: CourtListener parenthetical corpus (CC0).
Judges: Niemeyer, Traxler, Stamp, Northern, Virginia
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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