United States Tenth Circuit

Fifth and Sixth Amendments require that the quantity of drugs in a conviction under 21 USC 841 be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt prior to exposing defendant to increased statutory punishment based upon quantity

Appellate Information

• Decided 12/19/2000
• Published 12/19/2000

Judges

• Before BALDOCK, EBEL and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jill M. Wichlens, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, CO, for Defendant-Appellant., Thomas L. Strickland, U.S. Attorney (Sean Connelly, John M. Hutchins and Gregory H. Rhodes, Assistant U.S. Attorneys, with him on the briefs), Denver, CO, for Plaintiff-Appellee.