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Tenth Circuit· 9/15/2005

United States v. Small

Citations

  • 423 F.3d 1164
  • 2005 WL 2235439

How courts have described this case

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

  • noting that Supreme Court “has sanctioned” limiting instructions “as an alternative to the more drastic remedy of severance”
  • rejecting defendant drug seller’s claim that purchaser’s use of an additional supplier precluded a reasonable jury from convicting him of the conspiracy charge
  • noting evidence of multiple drug purchases for resale permits inference buyer was aware of and “shared common goals with” conspiracy
  • reviewing to determine whether preserved constitutional Booker error was harmless beyond a reasonable doubt
  • noting “[t]his court need not even reach the second ... alternative if it concludes that a jury likely would not have found the quantity of drugs required for [the defendant’s] sentence beyond a reasonable doubt”
  • noting multiple purchases for resale permit inference buyer was aware of and “shared common goals with” conspiracy, and reasoning fronting arrangement creates situation of mutual dependence because seller’s ability to front drugs depends on receipt of money due

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, McWilliams, Hartz

Read full opinion on CourtListener

Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Small

39 other CourtListener records share this case name.

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.