[DOWNLOAD] "United States v. White" by 2000 United States Court of Appeals for the Second Circuit August Term " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. White
- Author : 2000 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 13, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Argued: January 2, 2001 Defendant appeals from a final judgment of conviction entered on January 27, 2000, in the United States District Court for the Western District of New York (Arcara, Judge), arguing that: (1) his convictions for drug distribution under 21 U.S.C. § 841(a) must be dismissed as lesser included offenses of his convictions for drug distribution within 1000 feet of a school under 21 U.S.C. § 860; (2) the district court misunderstood its authority to depart from a sentence of 240 years imprisonment; (3) the district court's sentencing Mr. Cruz to a life sentence based on its own findings of drug quantity by a preponderance of the evidence violated due process under Apprendi v. New Jersey, 120 S. Ct. 2348 (2000) (to be published at 530 U.S. 466); (4) Mr. Cruz was denied a fair trial due to the admission of testimony suggesting that he had taken part in other crimes; and (5) the district court improperly enhanced his offense level based on his attempted obstruction of justice. Affirmed in part and vacated and remanded in part.