United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001

United States Court of Appeals for the Sixth Circuit · 2001-05-22

21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

21 U.S.C. § 841

Role: applied; posture: criminal; guilty plea to a § 846 conspiracy to possess with intent to distribute and to distribute "a measurable quantity" of marijuana; defendant appeals the 120-month mandatory minimum imposed under § 841(b)(1)(B) on the district judge's preponderance finding of drug quantity (Apprendi); sentence vacated and remanded for resentencing; result: claimant-lost; claim: (b)(1)(B),(b)(1)(D)

Uncertainty

other: result is recorded for the § 841(b)(1)(B) quantity tier, the only § 841 question on appeal; the conspiracy conviction on the guilty plea stands

Misfit

None recorded

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 18

21 U.S.C. § 841
CaseMens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2))Authorization exception ("Except as authorized by this subchapter") for registered practitioners/handlersPossession (actual, constructive, sole, or joint dominion and control)Specific intent to manufacture, distribute, or dispense the possessed controlled substancePartial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook)
United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))
○ not reached · basis not recordedNot counted: applied/merits
· not addressed· not addressed· not addressed

Elements 7–12 of 18

21 U.S.C. § 841
CaseDeath or serious bodily injury results from the use of such substance (§ 841(b)(1)(A)-(C) 20-year mandatory minimum)Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851)Prohibited act under § 841(a)(1): manufacture, distribute, or dispenseCross-statute route alias: see separate aiding-abetting (§ 2) and x-conspiracy-846 (§ 846) routesAiding and abetting route under 18 U.S.C. § 2 (cross-statute)Categorical / modified categorical comparison of state drug offense to 21 U.S.C. § 841 (INA / ACCA / Guidelines)
United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–18 of 18

21 U.S.C. § 841
CaseDrug conspiracy route under 21 U.S.C. § 846 (cross-statute)Fifth Amendment Due Process / Equal Protection challenge to carrier-medium weight sentencing (Chapman)Affirmative defense of entrapment (government inducement + lack of predisposition)Rule of lenity in construing ambiguous penalty provisions of § 841(b)Fifth Amendment void-for-vagueness challenge to "mixture or substance" or analogue provisionsContinuing-offense venue for § 841(a)(1) possession with intent to distribute / distribution (18 U.S.C. § 3237(a))
United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 — not reached (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (b)(1)(B),(b)(1)(D)

Unspecified routeNo source quotation recorded for this block.
United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 — satisfied · conceded (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851)satisfied
Counted merits instance
applied / merits

basis: conceded; claim: (b)(1)(B),(b)(1)(D)

Uncontested. The prior felony drug conviction set the default statutory maximum at 10 years under § 841(b)(1)(D), the baseline against which the Apprendi error was measured.
single-prior-felony-drug-conviction
Strayhorn’s criminal history category was determined to be level III, which included a prior felony drug offense.
Source: docroot/ir/caselaw/f3d_250.jsonl#/f3d/250/0462-01; Unicode character offsets [6389:6502] (end exclusive); SHA-256 4e36f0efbac9dfc678e7da85ac0d7813765b7710d429828e0c4a9b5487c5aa94.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 — not · law (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook)not
Counted merits instance
applied / merits

basis: law; claim: (b)(1)(B),(b)(1)(D)

Sentence vacated under Apprendi: a judicial finding of 100+ kilograms of marijuana by a preponderance, moving the defendant from a 10-year maximum under § 841(b)(1)(D) to a 10-year mandatory minimum under § 841(b)(1)(B), is an element that must be charged and proved beyond a reasonable doubt even after a guilty plea. The quantity was never found to the required standard; on remand the district court may find it beyond a reasonable doubt or resentence under (b)(1)(D).
judge-found-quantity-raises-max-to-mandatory-minimum-after-guilty-plea
The court noted that Phillips had testified that he purchased or was “fronted” approximately 260 pounds of marijuana from Strayhorn, in addition to the 88 pounds which were actually seized.
Source: docroot/ir/caselaw/f3d_250.jsonl#/f3d/250/0462-01; Unicode character offsets [8179:8368] (end exclusive); SHA-256 4e36f0efbac9dfc678e7da85ac0d7813765b7710d429828e0c4a9b5487c5aa94.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

While acknowledging his guilt for the amount of marijuana seized from his home and from co-defendant Phillips, he explicitly denied responsibility for any additional marijuana for which the government sought to hold him responsible.
Source: docroot/ir/caselaw/f3d_250.jsonl#/f3d/250/0462-01; Unicode character offsets [4041:4273] (end exclusive); SHA-256 4e36f0efbac9dfc678e7da85ac0d7813765b7710d429828e0c4a9b5487c5aa94.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Strayhorn never pleaded guilty to the elements of the offense under § 841(b)(1)(B) nor were they charged or proved beyond a reasonable doubt.
Source: docroot/ir/caselaw/f3d_250.jsonl#/f3d/250/0462-01; Unicode character offsets [22262:22403] (end exclusive); SHA-256 4e36f0efbac9dfc678e7da85ac0d7813765b7710d429828e0c4a9b5487c5aa94.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Already, we have held, pursuant to Apprendi, that the government must name in the indictment the quantity of drugs for which it seeks to hold the defendant responsible under 21 U.S.C. § 841(a), and that the determination of drug quantity under § 841(b) must, when it subjects the defendant to an enhanced sentence, be considered an element of the offense rather than a sentencing factor.
Source: docroot/ir/caselaw/f3d_250.jsonl#/f3d/250/0462-01; Unicode character offsets [15360:15747] (end exclusive); SHA-256 4e36f0efbac9dfc678e7da85ac0d7813765b7710d429828e0c4a9b5487c5aa94.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Because the district court’s factual finding of drug quantity by a preponderance of the evidence transformed the crime to which the defendant pleaded guilty (conspiracy to possess less than fifty kilograms of marijuana punishable by a maximum ten-year sentence) into a greater crime for the purposes of sentencing (conspiracy to possess over 100 kilograms of marijuana punishable by a mandatory minimum ten-year sentence), the district court’s finding violated Strayhorn’s Fifth and Sixth Amendment rights.
Source: docroot/ir/caselaw/f3d_250.jsonl#/f3d/250/0462-01; Unicode character offsets [25068:25574] (end exclusive); SHA-256 4e36f0efbac9dfc678e7da85ac0d7813765b7710d429828e0c4a9b5487c5aa94.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 — satisfied · conceded (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2))satisfied
Counted merits instance
applied / merits

basis: conceded; claim: (b)(1)(B),(b)(1)(D)

Marijuana; the defendant accepted responsibility for the 88 pounds seized.
marijuana-seized-and-admitted-by-plea
From the information gleaned from these recordings, federal agents executed a search at Strayhorn’s residence on January 17, 1998, where they recovered 48 pounds of marijuana, $3,000 in cash, and a handgun.
Source: docroot/ir/caselaw/f3d_250.jsonl#/f3d/250/0462-01; Unicode character offsets [2164:2370] (end exclusive); SHA-256 4e36f0efbac9dfc678e7da85ac0d7813765b7710d429828e0c4a9b5487c5aa94.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case