United States First Circuit

Theoretical exposure to a sentence beyond the default statutory maximum does not offend Aprendi as long as the actual sentence does not exceed the otherwise applicable statutory maximum.

Appellate Information

• Decided 03/07/2001
• Published 03/07/2001

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Darla J. Mondou, by appointment of the court, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, and Richard W. Rose, Assistant United States Attorney, were on brief, for appellee.