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Criminal Law Keyed to Abrams
Neal v. United States
Citation:516 U.S. 284, 116 S.Ct. 763, 133 L.Ed.2d 763 (1996)
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- 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.
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- 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:
Neal (Defendant) sold over 11,000 doses of LSD on blotter paper. He was charged with possession of LSD with intent to distribute it, as well as conspiracy to possess LSD with intent to distribute it. He entered a guilty plea. When determining Neal’s sentence, the district court ruled that in order to calculate the weight of the LSD, the blotter paper must be weighed (in addition the drug itself) in determining whether Neal crossed the 10-gram threshold that would lengthen his sentence. The district court ruled that the blotter paper’s weight should be included, even though the United States Sentencing Guidelines had recently been revised with an instruction that the carrier medium should be given a presumed weight of 0.4 milligrams.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.