United States First Circuit

Sentence for heroin distribution is affirmed over defendant's arguments that the district court erred by: 1) sentencing him pursuant to a statute with an increased statutory maximum on the basis of a drug quantity that the jury did not find beyond a reasonable doubt; and 2) treating the Sentencing Guidelines as mandatory.

Appellate Information

• Decided 10/11/2007
• Published 10/11/2007

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tina Schneider for appellant.


• For Appellees:
  
• Heidi E. Brieger, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.