MAYERS ET UX.

v.

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By (32 total)

• United States v. Ocampo, 890 F.2d 1363 (7th Cir. 1989)
  …2d 607, 611 (7th Cir.1989), decided after the briefs were filed in this case, we held that § 841(b) is an enhanced penalty provision rather than a separate substantive offense. See also United States v. Gibbs, 813 F. 2d 596 (3d Cir.), cert. denied, 484 U.S. 822, 108 S.Ct. 83, 98 L.Ed.2d 45 (1987); United States v. Morgan, 835 F. 2d 79, 81 (5th Cir.1987); United States v. McHugh, 769 F. 2d 860, 868 (1st Cir.1985); United States v. Simmons, 725 F. 2d 641 (11th Cir.1983), cert. denied, 469 U.S. 827, 105 S.Ct.…
• United States v. Bayron Moreno (89-1150/1208), 899 F.2d 465 (6th Cir. 1990)
  …was unnecessary for a jury to make a special determination as to quantity- The leading case from the Third Circuit is likewise not instructive on the precise issue before this court. In United States v. Gibbs, 813 F. 2d 596 (3d Cir.), cert. denied, 484 U.S. 822, 108 S.Ct. 83, 98 L.Ed.2d [*473] 45 (1987), the court held that section 841(b) was a penalty provision, and that the only requirement was that the indictment put the defendant on notice of the amount of drugs being charged and that the charge may gi…
• United States v. Paiz, 905 F.2d 1014 (7th Cir. 1990)
  …drug involved only in the overt acts portion of the count, is sufficient to support enhanced sentencing pursuant to § 841(b). This question was considered and specifically addressed in United States v. Gibbs, 813 F. 2d 596 (3d Cir.), cert. denied, 484 U.S. 822, 108 S.Ct. 83, 98 L.Ed.2d 45 (1987). In Gibbs, the defendant was convicted of a § 846 conspiracy and sentenced to enhanced penalties under § 841(b) on the district court’s determination that the conspiracy involved over 1000 pounds of marijuana. T…