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· 12/12/2001

United States v. Ramse Thomas

Citations

  • 274 F.3d 655
  • 2001 U.S. App. LEXIS 26431
  • 2001 WL 1579993

How courts have described this case

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

  • ruling that Apprendi is applicable only when a judicial determination enhances a sentence above the statutory maximum that would have controlled absent such a determination
  • noting that “lack of congruence” between unquantified drug offense proved and quantified drug offense on which defendant was sentenced might properly be analogized to a constructive amendment error
  • applying only plain error review to Apprendi issues when they were not raised in the district court prior to that decision
  • applying only plain error review to Apprendi issues when they were not raised in the district court prior to that decision
  • distinguishing Thomas’s case from those of defendants who “stipulate or alloeute to the drug quantity used the enhance ... sentence”
  • explaining appropriateness of this remedy where error is either in conviction or in sentence

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Kearse, Jacobs, Leval, Calabresi, Cabranes, Parker, Straub, Pooler, Sack, Sotomayor, Katzmann

Read full opinion on CourtListener

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.