Is Section 841(a) of the Criminal Code "clearly and indisputably" establishes the elements of the offense, and the section 841 (b) refers directly to sentencing?
MultiRegion, United States of America
The following excerpt is from USA. v. Buckland, 277 F.3d 1173 (9th Cir. 2002):
Similarly, 841(a) "clearly and indisputably" establishes the elements of the offense, and 841(b) refers directly to sentencing. This is why, as the majority acknowledges, prior to Apprendi v. New Jersey, 530 U.S. 466 (2000), every circuit in the country treated drug quantity as a sentencing factor. See Maj. op. at 916-17 & n.2 (citing cases). Yet, the majority insists that 841 is ambiguous because it does not specify that drug quantity is to be determined by the judge at sentencing.
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