United States Eleventh Circuit

Even after Apprendi, drug quantity is not necessarily a required element of an offense under 21 USC 841 that must be charged in the indictment, submitted to a jury, and proven beyond a reasonable doubt.

Appellate Information

• Decided 10/17/2001
• Published 10/17/2001

Judges

• HULL, Circuit Judge:, Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• R.C. Cougill, Attorney at Law, Lilburn, GA, for Ignasio Maldenaldo Sanchez., Barry V. Lombardo, Attorney at Law, Gainesville, GA, for Santiago Gilberto Sanchez., Paul S. Kish, Fed. Def. Program, Inc., Atlanta, GA, Peter Goldberger, Ardmore, PA, for National Ass'n of Criminal Defense Lawyers & Families, Amicus Curiae.


• For Appellees:
  
• James W. Kesler, Amy Weil, Atlanta, GA, Paul S. Kish, Federal Defender Program, Inc., Atlanta, GA, for Plaintiff-Appellee.