Case Citator › United States v. Kayle Nordby

United States v. Kayle Nordby

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
225 F.3d 1053
Decided
Confirmed treatments
1
Flagged citations read
157 of 164
Citing cases (total)
377
Treatment dates
2002
Overruled in part
A reviewed court has overruled part of this case’s holding. United States v. Kayle Nordby was overruled in part; one confirmed treatment is listed below. Of 164 flagged citations, 157 were read.
More on how this was screened

The en banc Ninth Circuit rejected Nordby's conclusion that Congress unmistakably made drug quantity a sentencing factor under 21 U.S.C. § 841, while preserving the requirement that a quantity increasing the maximum punishment be charged and proved to a jury. Other readable opinions applied Nordby's surviving rules or reported the en banc decision. The text needed to assess seven citing opinions could not be retrieved, so they remain unread.

The treatments below are confirmed; unread citations could still change the overall status.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case, except the ones whose text could not be retrieved.

377 later cases cite United States v. Kayle Nordby; 164 of those citations sat close to treatment language and were flagged for reading; 157 of them have been read, and the text of 7 citing opinions could not be retrieved, so those remain unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The en banc court overruled Nordby to the extent it treated drug quantity as a sentencing factor committed to the judge by congressional design, and instead construed section 841 to require jury findings on quantity and type when they fix the maximum sentence.

    United States v. Buckland · Ninth Circuit (en banc) · filed

    Applying Apprendi, the panel found plain error and remanded for resentenc-ing. In reaching that decision, the panel held that Congress “clearly intended drug quantity to be a sentencing factor, not an element of the crime under § 841; the statute is not susceptible to a contrary interpretation.” Id. at 1058. Nordby used the “sentencing factor” label as a basis for concluding that Congress committed quantity to the sentencing judge for a finding by a preponderance of the evidence. To the extent that Nordby is inconsistent with this opinion, it is overruled.
    Read the full opinion on CourtListener →

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