United States v. Shawn Serfass

How courts have described this case

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

• holding that the sentence enhancement for offenses involving importation of methamphetamine did not require knowledge that the methamphetamine had been imported
• holding that “[t]he inclusion of a ... requirement in one portion of the guidelines confirms that its omission from another portion of the same guideline was intentional”
• holding that U.S.S.G. § 2D1.1(b)(5) may be applied “whether or not the defendant knew that the methamphetamine was imported”
• holding that sentence enhancement related to possession of imported methamphetamine with intent to distribute did not require knowledge that the methamphetamine had been imported
• holding that the Section 2D1.1(b)(5) enhancement applies “regardless of whether the defendant had knowledge of [the drug] importation.”
• noting that, under traditional canons of statutory construction, the plain language of the Guidelines controls “unless it creates an absurd result”

Source: CourtListener parenthetical corpus (CC0).