green
Positive treatment
6.2 score
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited "but see"
Reece v. United States
See United States v. Scrivner, 114 F.3d 964, 970 (9th Cir.1997) ("[W]here defendants do not object at trial or sentencing about the type of methamphetamine involved in their case, it is not plain error for a district court to sentence those defendants based on their involvement with the more common methamphetamine, without making a factual finding to classify the methamphetamine as D-melh, as opposed to Lmeth.”); United States v. Deninno, 29 F.3d 572, 580 (10th Cir.1994) (finding no plain error because the defendant had failed to object at sentencing to the scoring of the methamphetamine, be…
discussed
Cited as authority (rule)
United States v. Douglas Miles Decker
The Carroll court noted that the Sentencing Commission amended the guidelines after defendant Carroll’s conviction, replacing the term “pure methamphetamine" with the term "methamphetamine (actual).” Id. at 744, n. 7 .
cited
Cited "see"
United States v. Gruber
See United States v. Robertson, 39 F.3d 891, 892 (8th Cir. 1994), cert. denied, 514 U.S. 1090 , 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995).
discussed
Cited "see"
United States v. Magallon
See United States v. Bogusz, 43 F.3d 82, 89 (3d Cir.1994), cert. denied, 514 U.S. 1090 , 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995); USSG § 2D1.1, comment, (n.10) (Drug Equivalency Tables) (Nov.1990). 2 At the time of sentencing in the present case, the government had in its possession small traces of methamphetamine obtained from objects seized from some of the conspirators.
discussed
Cited "see"
97 Cal. Daily Op. Serv. 3298, 97 Daily Journal D.A.R. 5709 United States of America v. Jose Luis Magallon, United States of America v. Robert Gonzales, United States of America v. Luis E. Estrada-Hernandez, United States of America v. Gerardo Delgado-Garibay
See United States v. Bogusz, 43 F.3d 82, 89 (3d Cir.1994), cert. denied, 514 U.S. 1090 , 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995); USSG § 2D1.1, comment. (n.10) (Drug Equivalency Tables) (Nov.1990). 2 4 At the time of sentencing in the present case, the government had in its possession small traces of methamphetamine obtained from objects seized from some of the conspirators.
cited
Cited "see"
United States v. Lawrence D. Lamorie Patricia L. Lamorie
See United States v. Robertson, 39 F.3d 891, 892 (8th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995).
discussed
Cited "see"
United States v. Roger Turner
(2×)
See United, States v. Bogusz, 43 F.3d 82, 86-87 (3d Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995); cf. United States v. Lawrence, 951 F.2d 751, 755 (7th Cir.1991) (holding that 100:1 ratio for cocaine base and cocaine is rationally related to the dangerousness of the former).
discussed
Cited "see"
United States v. Jimmy Ray Jones, Ronald Dean Anderson
See U.S.S.G. § 2D1.1 comment, (n. 10(d)(drug equivalency tables)); see generally, United States v. Bogusz, 43 F.3d 82, 88-89 (3d Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995).
discussed
Cited "see"
United States v. Wayne Boyd Seyfert
(2×)
See United States v. Bogusz, 43 F.3d 82, 91 (3rd Cir.), cert. denied, --- U.S. ----, 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995). 34 Contrary to the plurality's position, I do not believe it would be "a leap in reasoning" for an attorney to conclude that, based on the fact that l-methamphetamine is treated differently than d-methamphetamine when determining a defendant's sentence under the Guidelines, d,l-methamphetamine might also be treated differently than d-methamphetamine for sentencing purposes.
discussed
Cited "see"
United States v. Theodore Robinson, Sr.
See United States v. Robertson, 39 F.3d 891 , 894 & n. 4 (8th Cir.1994) (acknowledging and listing "[n]umerous cases” that have "noted that high intensity lights are used to grow marijuana indoors and generate excess heat”), cert. denied, — U.S.-, 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995). . “ '[Olpinions and conclusions of an experienced agent regarding a set of facts are properly a factor in the probable cause equation’ " for issuing a search warrant.
discussed
Cited "see, e.g."
United States v. Tony J. Byler
Cf. U.S.S.G. § 2D1.1(c), note B; see also United States v. Bogusz, 43 F.3d 82, 87 (3d Cir.1994) ("[Miethamphetamine (actual) refers to the net amount of methamphetamine hydrochloride after all impurities, waste, byproducts, or cutting agents are removed."), cert. denied - U.S.-, 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995).
discussed
Cited "see, e.g."
United States v. John D. Behler
Compare United States v. Carroll, 6 F.3d 735, 743 (11th Cir.1993), ce rt. denied, 510 U.S. 1183 , 114 S.Ct. 1234 , 127 L.Ed.2d 577 (1994) (noting there are three distinct forms of methamphetamine — d-methamphetamine, 1-methamphetamine, and d,I-methamphetamine), with United States v. Bogusz, 43 F.3d 82 , 89 n. 10 (3d Cir.1994), ce rt. de nied, - U.S. -, 115 S.Ct. 1812 , 131 L.Ed.2d 736 (1995) (holding d,1-methamphetamine is not a separate compound but only a mixture of the two).
discussed
Cited "see, e.g."
Santos v. United States
The Ninth Circuit has held that while constitutional sentencing errors may be raised for the first time in a § 2255 motion where the defendant can demonstrate cause (for having failed to raise the issue earlier) and actual prejudice, “nonconstitutional sentencing errors that have not been raised on direct appeal have been waived and generally may not be reviewed [even for cause and actual prejudice] by way of 28 U.S.C. § 2255 .” 2 United States v. *279 Schlesinger, 49 F.3d 483, 485 (9th Cir.1995) (barring review by § 2255 petition of sentencing court’s alleged failure to resolve factu…
Retrieving the full opinion text from the archive…
O'Rourke
v.
United States
v.
United States
No. 94-8621.
Supreme Court of the United States.
Apr 24, 1995.
Cited by 6 opinions | Published
C. A. 3d Cir.
Certiorari denied.