![]() There are not many artists around turning in such a slew of globally praised floormaterial like &ME did over the last years. Not to underestimate the importance of a project such as Terranova for &ME’s current path, but still the alignment has been made – to focus consistently on his solo-work. Besides, all those references would just distract from what truly matters – the music this guy is delivering. A foundation comprised of solo-releases, remixes, projects and collaborations that numerous, we’d rather refer to his discography than weary you with namedropping. His way to become one of today’s most praised and sought after DJ/producers is based on a solid foundation. ![]() When one could assume, &ME entered the House and Techno world somewhat out of the blue, it is due to his sublime modesty that’s already captured in his alias. Compare § 841(b) (1) (A) with § 841(b) (1) (B) (taking into account a prior conviction for a felony drug offense, discussed below).Listen to 'The Party is Over' radio - curated by the Keinemusik crue - on Spotify. The lower quantity finding reduced Anderson's minimum sentence from 20 to 10 years. However, the court did find sufficient support for a quantity finding of 100 kilograms or more, based on evidence regarding the amount of marijuana Anderson personally received and the amounts he should have known others were receiving, given his overall knowledge of Richards's marijuana operation. The court essentially concluded that the evidence did not sufficiently prove that Anderson knew about the large quantities of marijuana being transported on the trucks. 7 At the sentencing proceeding below, the district court agreed with Anderson that the evidence was insufficient to support the jury's finding that it was reasonably foreseeable that the overall conspiracy he joined involved at least 1,000 kilograms of marijuana. 1994) (although indictment charged conspiracy to distribute 1.7 kilograms of heroin, " t would have been proper for the jury to convict appellants on a finding that appellants intended to distribute only one gram of heroin") Campuzano, 905 F.2d at 679 ("When an indictment does allege that a particular quantity is involved, the effect is only to put the defendant on notice that the enhanced penalty provisions of Section 841(b) may apply.").Īnderson also argues that there was insufficient evidence for the district court to find that the quantity of marijuana reasonably foreseeable to him was 100 kilograms or more. Even when an indictment specified a particular drug quantity, the quantity was not deemed an element of the offense. 1989) ("The only elements of a section 846 narcotics conspiracy offense are the existence of a conspiracy and the defendant's willful joining it."). 1990) ("Section 841(a) of Title 21 prohibits the distribution of any amount of cocaine and in no way requires proof of a particular quantity of narcotics as an element of the conspiracy to distribute") United States v. ![]() 2d 435 (2000), we routinely held that drug quantity was not an element of a drug trafficking conspiracy offense. Anderson argues that (1) there was insufficient evidence to support his drug conspiracy conviction (2) the district court erroneously applied, based on the prior state drug offense, a 10-year minimum sentence on the conspiracy conviction and an aggravated felony sentencing enhancement on the illegal reentry conviction and (3) he should not be subject to illegal reentry penalties because he was not previously deported and he properly entered the country after inspection.īefore the Supreme Court decided Apprendi v. On appeal, Greenwood argues that (1) his drug conspiracy conviction must be reversed because the jury found it involved a lower amount of marijuana than was charged in the indictment (2) his motions for acquittal on the aiding and abetting charge should have been granted because the Government failed to prove that he contributed to the success of the crime and (3) at sentencing, the district court erroneously attributed to him 8.4 kilograms of marijuana that was being transported on behalf of Clarke, a rival drug dealer.
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