United States First Circuit

Because the issue of drug type and quantity was not properly submitted to the jury, the district court committed an Apprendi error when it sentenced the defendant to life imprisonment. Defendant's sentence for conspiracy to distribute narcotics is therefore vacated and remanded.

Appellate Information

• Decided 12/22/2003
• Published 12/22/2003

Judges

• SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SILER, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bruce J. McGiverin, by appointment of the court, with whom Julio Pérez-Ruiz, pro se, was on brief, for appellant.


• For Appellees:
  
• Thomas F. Klumper, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres, Chief, Criminal Division, were on brief, for appellee.