HOWARD

v.

MARSH, SECRETARY OF THE ARMY

Citator

Cited By (27 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…
• The United States v. Rosa, 891 F.2d 1063 (3d Cir. 1989)
  …the imposition of a law which purports to make innocent acts criminal after their event, or to aggravate an offense by altering the amount of punishment imposed for its commission, after the fact, to the disadvantage of the accused.”), cert. denied, 484 U.S. 822, 108 S.Ct. 83, 98 L.Ed.2d 45 (1987). We therefore conclude that Romano was correctly sentenced for conspiracy under the new guidelines. D. Kostrick and Romano both contend that the district court improperly prohibited their cross-examination of Jo…