· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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