United States First Circuit

Where proof of defendant's complicity in distributing more than 1,000 kilograms of marijuana is so overwhelming that his substantial rights could not have been affected by sentencing him based on that quantity, any plain error under Apprendi is inconsequential.

Appellate Information

• Decided 04/23/2001
• Published 04/23/2001

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• H. Ernest Stone, by appointment of the court, for appellant.


• For Appellees:
  
• Michael D. Ricciuti, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, and Dina Michael Chaitowitz, Assistant United States Attorney, were on brief, for appellee.