United States First Circuit

There is no scienter element in 21 U.S.C. section 841(a) requiring that a defendant who conspired with the intent to distribute cocaine knew the specific quantity of cocaine involved in the offense; pre-Apprendi sentence vacated in part and remanded where facts that increased penalty beyond the prescribed statutory maximum were not proved beyond a reasonable doubt.

Appellate Information

• Decided 02/28/2002
• Published 02/28/2002

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, WALLACE, Senior Circuit Judge, and O'TOOLE, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Rafael Collazo-Aponte, pro se.


• For Appellees:
  
• Lena Watkins, Trial Attorney, Criminal Division, U.S. Department of Justice, was on brief for appellee.