United States First Circuit

Drug quantity in 21 U.S.C. section 841(b) is a sentencing factor, not an element of separate crimes. No Apprendi violation occurred because the sentencing guidelines are not "statutory maximums" for purposes of Apprendi, and defendant was not sentenced to a penalty greater than that authorized by the jury's finding.

Appellate Information

• Decided 04/09/2003
• Published 04/09/2003

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter E. Rodway, with whom Rodway & Horodyski was on brief, for appellant.


• For Appellees:
  
• F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, were on brief, for appellee.