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← 259 FAPPX 796 - United States v. Webber

United States v. Webber’s Empirical Analysis

2008

Citation profile

3
cited by 3 later decisions
July 2012
most recently cited

1 federal appellate ·

Relationships

Applies 21 U.S.C. § 843 (§ 403 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Jackson v. Virginia · United States v. Carroll · United States v. Wunder · United States v. Ellzey · United States v. Francis

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In November 2002, the Federal Bureau of Investigation (“FBI”) began an investigation of Shelby Jones. Authorized interceptions of conversations conducted over Jones’ cellular telephone established that Jones was supplied marijuana by an individual identified to Jones as Johnny Ouch, later identified as Walter Hines. Interception of conversations with Hines’ cellular phone was later authorized. Jones and Hines met in 1999. Hines began supplying Jones with marijuana in 2000, receiving 50 to 60 pounds on a regular basis. Jones paid Hines $1,150 to $1,250 per pound of marijuana. Jones came to learn that Hines’ marijuana supplier was an individual named “Ricky Tin” or “Family.” Although Jones never had any direct dealings with Hines’ supplier, Jones claims he was approached by Webber at a local mall. Webber asked Jones about the money owed by Jones to Hines at that time in the amount of $58,000. After this encounter with Webber, Jones’ supply from Hines was reduced. During the conspiracy period, Jones was supplied between 1,200 and 1,300 pounds of marijuana by Hines. Hines and Webber were childhood acquaintances. Webber was born in Jamaica and immigrated to the United States in 1988. He was employed as an auto mechanic, but also worked nationally as a DJ, a promoter of reggae performers. Web-ber’s real name is Kevin March, but his nickname is Ricky “or Ricky Tin.” During a traffic stop in 1989, Webber showed an officer the identification of his cousin, Hopeton Webber, and the alia”
    1 later decision quote this exact passage · from the majority
  2. “The jury determined that Webber possessed over 1,000 kilograms of marijuana. Webber argues that the quantity of drugs found by the jury could only have been based upon the testimony of Jones and Chung. Based on the testimony of Jones and Chung, Webber claims that the largest amount of marijuana that could be attributed to him is 1,810 pounds and that the government is required to prove Webber possessed about 2,200 pounds to meet the 1,000 kilograms found by the jury. [Footnote: “1 lb./ 2.2 = 1 kg.”] The government argues that if the drug proceeds are taken into account, along with poundage testified to by Jones and Chung, the monetary amounts support the jury’s determination that Webber possessed 1,000 kilograms of marijuana. ... [T]he standard of review for insufficient evidence claims is whether, after viewing the facts in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. The testimony at trial established that 210 pounds of marijuana was seized at the Arizona residence. [Footnote: “Neither party disputes that 210 pounds of marijuana was seized at the Arizona residence.”] Jones testified that during the time he dealt with Hines, he purchased as much as 1,300 pounds of marijuana. Chung testified that the initial amount of marijuana that he received from Webber was 100 pounds. Chung also testified that he picked up a shipment for Webber of 50 pounds on one occasion, and gave ”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.