United States First Circuit

Apprendi error resulted from the trial court's failure to have the jury determine the number of marijuana plants involved in a drug conspiracy, but the outcome of the trial and sentence would not have been different but for that error.

Appellate Information

• Decided 07/25/2002
• Published 07/25/2002

Judges

• SELYA, Circuit Judge., Before SELYA and LYNCH, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Richard E. Miller, with whom Kurzman Karelsen & Frank, LLP was on brief, for appellant.


• For Appellees:
  
• Kevin O'Regan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Dina Michael Chaitowitz, Appellate Chief, were on brief, for appellee.