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← 353 FSUPP2D 894 - United States v. Dottery

United States v. Dottery’s Empirical Analysis

2005

Citation profile

2
cited by 2 later decisions
February 2005
most recently cited

Relationships

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 843 (§ 403 of the Controlled Substances Act)

Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · United States v. Cotton · United States v. Russell

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Although the Sixth Circuit has at times expressed confusion over whether the quantities and types of drugs constitute “elements” of a crime under 21 U.S.C. § 841 , ... there can be no doubt that where the kind and quantity of drug increases the statutory maximum penalty ... the amount and type of drugs are elements of the offense that must be charged in the indictment and proved beyond a reasonable doubt, [other citations omitted] Booker, 125 S.Ct. at 755-56 (reiterating that any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt)”
    2 later decisions 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.