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· 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

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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.