United States v. Smith

Decision Date20 June 2005
Docket NumberNo. 04-1390.,04-1390.
CitationUnited States v. Smith, 125 S.Ct. 2938, 162 L.Ed.2d 863, 545 U.S. 1125 (2005)
PartiesUNITED STATES <I>v.</I> SMITH.
CourtU.S. Supreme Court

Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Gonzales v. Raich, ante, p. 1.

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12 cases
  • U.S. v. Stevens
    • United States
    • U.S. Court of Appeals — Third Circuit
    • July 18, 2008
    ...402 F.3d 1303, 1315-16 (11 th Cir.2005) (finding the same statute unconstitutional), cert. granted and vacated, 545 U.S. 1125, 125 S.Ct. 2938, 162 L.Ed.2d 863 (2005), and rev'd on remand, 459 F.3d 1276, 1284-85 (11th Cir.2006) (upholding statute as proper exercise of Commerce Clause power i......
  • State v. Kelley
    • United States
    • Minnesota Supreme Court
    • October 22, 2014
    ...as no plain error review at all, as error will never be ‘plain’ under ‘unsettled’ law.”), vacated on other grounds, 545 U.S. 1125, 125 S.Ct. 2938, 162 L.Ed.2d 863 (2005). Such a result is contrary to the principle articulated by the United States Supreme Court in Wiborg that an appellate co......
  • Deverso v. U.S.A, Case No. 2:09-cv-660-FtM-29SPC
    • United States
    • U.S. District Court — Middle District of Florida
    • February 9, 2011
    ...6, 2005. Both decisions were vacated by the United States Supreme Court, United States v. Maxwell, 546 U.S. 801 (2005); United States v. Smith, 545 U.S. 1125 (2005), and on remand, the Eleventh Circuit found the statutes to be constitutional. United States v. Smith, 459 F.3d 1276, 1284-86 (......
  • United States v. Farrell
    • United States
    • U.S. Court of Appeals — First Circuit
    • February 17, 2012
    ...of trial. See, e.g., United States v. Smith, 402 F.3d 1303, 1315 n. 7 (11th Cir.2005), vacated on other grounds by 545 U.S. 1125, 125 S.Ct. 2938, 162 L.Ed.2d 863 (2005); United States v. Cordery, 656 F.3d 1103, 1106 (10th Cir.2011); United States v. Ross, 77 F.3d 1525, 1539–40 (7th Cir.1996......
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