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Criminal Law Keyed to Gershowitz
United States v. Villarreal
Citation:2012 WL 401051.
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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:
On June 25, 2011 the defendant arrived at a border patrol checkpoint in Texas. Before he arrived, Border Patrol officials had received an anonymous tip that he was carrying illegal drugs. They searched him and found ten bundles of white powder in his car.
Subsequent laboratory analysis concluded that the packages instead contained cocaine and had a net weight of 8.4 kilograms. The laboratory separated the ten bundles into two groups. The first group, consisting of two bundles containing wet white powder and 1 bundle containing wet pink powder, had a net weight of 2.5 kilograms and a purity of .41%. The second group, consisting of 7 bundles of compressed white powder, had a net weight 5.9 kilograms and a purity of 3.2%. The laboratory analysis confirmed that each individual bundle contained the controlled substance cocaine.
He was convicted of having more than 5 kilograms of cocaine 21 U.S.C. § 841. He appealed, claiming that he should not be responsible for 8.4 kilograms of cocaine because the substance was so diluted that it was unmarketable “garbage.”
- 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.