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· 9/6/2013

United States v. Rodney Mack, Jr.

Citations

  • 729 F.3d 594
  • 2013 WL 4767176
  • 2013 U.S. App. LEXIS 18581

How courts have described this case

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

  • concluding that Almendarez-Torres remains binding authority notwithstanding Alleyne and that a jury need not find a defendant’s convictions were “second or subsequent” under § 924(c)(l)(C)(I)
  • holding that an Alleyne error is harmless where the record would support a jury verdict on the applicable sentencing enhancement
  • noting that “the defendant [must] carry [a] heavy burden to show that the evidence was insufficient”
  • holding in a post-Alleyne case that the lack of a specific jury finding as to brandishing was harmless where the evidence of brandishing offered at trial was overwhelming
  • “[N]o presumption of prejudice arises merely from the fact that improper contact occurred.”
  • “To determine whether the second part of the [plain error] test is met, we need only consider whether the error is ‘plain’—in other words, clear or obvious—at the present time of our appellate review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kethledge, Moore, Stranch

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.