SCANLAN

v.

SAN FRANCISCO COUNTY DEPARTMENT OF SOCIAL SERVICES

Citator

Cited By

• United States v. Adams, 1 F.3d 1566 (11th Cir. 1993)
  …drugs is not an element of controlled substance offenses. United States v. Cross, 916 F. 2d 622, 623 (11th Cir.1990) (A controlled substance violation may occur “without regard to the nature and quantity of the controlled substance.”), cert. denied, 499 U.S. 929, 111 S.Ct. 1331, 113 L.Ed.2d 263 (1991); United States v. Perez, 960 F. 2d 1569, 1574-75 (11th Cir.1992), (“only definitional elements of the offense [need] appear in the indictment,” and not quantity), cert. denied, — U.S. -, 113 S.Ct. 1421, 122 L.…
• United States v. COY, 19 F.3d 629 (11th Cir. 1994)
  …ndants’ enhanced sentences. Id. Following Alvarez, we have held that quantity is not an element of an offense under § 841(b)(1) and is an issue relevant only to sentencing. United States v. Cross, 916 F. 2d 622, 623 (11th Cir.1990), cert. denied, 499 U.S. 929, 111 S.Ct. 1331, 113 L.Ed.2d 263 (1991); United States v. Williams, 876 F. 2d 1521 (11th Cir.1989); United States v. Smith, 840 F. 2d 886, 888 (11th Cir.) cert. denied, 488 U.S. 859, 109 S.Ct. 154, 102 L.Ed.2d 125 (1988). Alvarez’s apparent conflic…
• United States v. Rutherford, 175 F.3d 899 (11th Cir. 1999)
  …The nature of the controlled substance neither constitutes an element of the offense nor broadens the bases for conviction, but is relevant only for sentencing purposes. See United States v. Cross, 916 F. 2d 622, 623 (11th Cir.1990), cert. denied, 499 U.S. 929, 111 S.Ct. 1331, 113 L.Ed.2d 263 (1991). There was no variance between the evidence at trial and those alleged in the indictment. Nor was there a constructive amendment because it cannot be said that the defendant was convicted of an offense other…