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Marijuana Law – Keyed to Mikos
United States v. Levesque
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendant, Levesque, was stopped by a Maine State police officer for speeding on the highway. Defendant’s vehicle has been under surveillance by federal agents because the Immigration and Customs Enforcement received information that he was involved in a large marijuana operation. When the officer ran Defendant’s license and registration, another officer arrived with a K-9 dog, who alerted to the presence of drugs in the vehicle. The officer asked if there was anything Defendant wanted to tell the officer, and Defendant told the officer “it is in the back.” The officer found ninety-four pounds of marijuana in three duffel bags. Subsequently, Defendant was arrested and admitted that she had made marijuana distributions about two to three times per week since February 2006 and to details of the distribution. The government moved for a preliminary order of forfeiture, requesting a money judgment in the amount of $3,068,000 from the court. The district court awarded the forfeiture to the government.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.