United States v. Wieslaw Mietus

How courts have described this case

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

• holding that, even assuming that first three prongs of plain error analysis were satisfied, court would refuse to notice Apprendi error when guilty verdict necessarily established that defendant was responsible for more than threshold quantity of drugs
• holding that statement “the defendants have told you ...” did not improperly highlight failure to testify where, in context, it referred only to arguments advanced by defendant through counsel and defense witnesses
• assuming that Apprendi error that increased defendant's sentence by over 7 years affected his substantial rights
• finding that jury instruction which asked only that jury find a “measurable amount” without more was insufficient under Apprendi
• finding that jury instruction which asked only that jury find a “measurable amount” without more was insufficient under Apprendi
• holding that, even assuming that first three prongs of plain error analysis were satisfied, court would refuse to notice Apprendi error when guilty verdict necessarily established that defendant was responsible for more than threshold quantity of drugs

Source: CourtListener parenthetical corpus (CC0).