GRANT
v.
UNITED STATES

U.S. | 1991-05-28
No. 90-7746
500 U.S. 945 Supreme Court of the United States (1991) Positive Treatment
Cited by 2 cases

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  • United States v. Alphonzo Leon Williams, 51 F.3d 1004 (11th Cir. 1995)
    …e the twenty-five-year sentence. . We recognize that when listing the elements of a section 844(i) offense, the Fifth Circuit has included the "death results” provision. See United States v. Triplett, 922 F. 2d 1174, 1177 (5th Cir.), cert. denied, 500 U.S. 945, 111 S.Ct. 2245, 114 L.Ed.2d 486 (1991). The issue, however, of whether the provision is a sentencing enhancer, as opposed to an element of the offense, was not addressed, and therefore, we do not find Triplett to be contrary authority. . To avoid…
  • United States v. McGREGOR, 31 F.3d 1067 (11th Cir. 1994)
    …3 F. 2d 1407, 1413-14 (9th Cir.1989); United States v. Napue, 834 F. 2d 1311, 1327 n. 17 (7th Cir.1987) (citing United States v. Rosselli, 506 F. 2d 627, 630 (7th Cir.1974)); cf. United States v. Grissett 925 F. 2d 776, 778 (4th Cir.), cert. denied, 500 U.S. 945, 111 S.Ct. 2245, 114 L.Ed.2d 486 (1991). Although the majority opinion states that it abides by the law of this circuit, through its interpretation of the facts it places our circuit, for all practical purposes, alongside those courts that have he…

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