United States Ninth Circuit

Defendant's drug sentence is vacated and remanded. His guilty plea did not encompass the quantity allegation in the indictment; he neither admitted to possessing more than 50 grams of cocaine base during his plea colloquy, nor knowingly waived his right to have a jury determine quantity beyond a reasonable doubt.

Appellate Information

• Argued 10/08/2003
• Decided 01/26/2004
• Published 01/26/2004

Judges

• TASHIMA, Circuit Judge:, Before HUG, B. FLETCHER, and TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel P. Blank, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellant., Michael Wang, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.