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Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis
Loaded on Feb. 15, 2022
by Douglas Ankney
published in Criminal Legal News
March, 2022, page 37
Filed under:
Drug Quantity,
Simple Possession/Personal Use versus Distribution,
Relevant Conduct.
Location:
Colorado.
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting framework of United States v. Asch, 207 F.3d 1238 (10th Cir. 2000), in announcing that (1) personal-use drug quantity doesn’t constitute “relevant conduct” under Guidelines § 1B1.3(a) for ...
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More from this issue:
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- Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
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- Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024
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- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024
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- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024
More from these topics:
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- Sixth Circuit Says Kentucky DOC Chief Too “High Up the Chain of Command” to Be Liable for Prisoner’s Negligent Death, Aug. 5, 2022. Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Relevant Conduct.
- Prosecutors Move to Close Case Against BOP Guards in Jeffrey Epstein Suicide, Jan. 1, 2022. Guard Misconduct, Relevant Conduct.
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- Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute, Aug. 15, 2021. Conspiracy, Simple Possession/Personal Use versus Distribution.
- Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, May 15, 2021. Simple Possession/Personal Use versus Distribution, Denial of Due Process.