United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006

United States District Court for the District of Minnesota · 2006-04-06

21usc841: author: Fable · not independently reviewed

Original case on neochart.com

Case and law context

21 U.S.C. § 841

Role: background; posture: criminal; pretrial; district judge adopts magistrate's report denying co-defendant Keezer's motions to dismiss the indictment, suppress search-warrant evidence, quash arrest and suppress electronic surveillance; result: not-decided; claim: (a)(1),(b)(1)(A)

Uncertainty

None recorded

Misfit

The nearest thing to a merits statement is that two magistrate judges found probable cause to believe Keezer committed possession with intent to distribute; the basis vocabulary has no "probable cause" level (below pleaded/triable), and the opinion gives no facts for that finding, so it is not recorded as a holding.

The drug facts in the opinion are warrant-affidavit averments about the premises and mostly about co-defendant Person and a third-party seller, while the moving party is Keezer; `fact` lines would misattribute them as facts the court relied on for an element.

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. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 (21usc841: author: Fable · not independently reviewed)
○ not reached · basis not recordedNot counted: background/merits
○ not reached · basis not recordedNot counted: background/merits
· not addressed
○ not reached · basis not recordedNot counted: background/merits
○ not reached · basis not recordedNot counted: background/merits
○ not reached · basis not recordedNot counted: background/merits

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. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 (21usc841: author: Fable · not independently reviewed)· not addressed· not addressed· not addressed
○ not reached · basis not recordedNot counted: background/merits
· 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. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 (21usc841: author: Fable · not independently reviewed)· 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. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached (21usc841: author: Fable · not independently reviewed)Cross-statute route alias: see separate aiding-abetting (§ 2) and x-conspiracy-846 (§ 846) routesnot_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

Counts are framed under 18 U.S.C. § 2 and § 846 but accomplice/conspiracy liability is not analysed.
Unspecified routeNo source quotation recorded for this block.
United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached (21usc841: author: Fable · not independently reviewed)Specific intent to manufacture, distribute, or dispense the possessed controlled substancenot_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

Unspecified routeNo source quotation recorded for this block.
United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached (21usc841: author: Fable · not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

Unspecified routeNo source quotation recorded for this block.
United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached (21usc841: author: Fable · not independently reviewed)Possession (actual, constructive, sole, or joint dominion and control)not_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

Charged as aiding and abetting possession with intent to distribute crack (two dates); the opinion only reviews probable cause for two residential search warrants. Warrant affidavits recite a controlled buy of half a gram from a third person at the shared residence and an informant seeing packaged crack there; none of this is assessed against the offence elements.
Unspecified routeNo source quotation recorded for this block.
United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached (21usc841: author: Fable · not independently reviewed)Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook)not_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

(b)(1)(A) is charged; quantity is never discussed (affidavit mentions about one ounce of crack recovered in the January search).
Unspecified routeNo source quotation recorded for this block.
United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached (21usc841: author: Fable · not independently reviewed)Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2))not_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

Unspecified routeNo source quotation recorded for this block.

Court interpretations recorded from this case