United States Second Circuit

The predicate facts supporting sentencing enhancement under 18 USC 924(e) are not elements of a separate, aggravated offense that must be charged in the indictment and found by a jury beyond a reasonable doubt under Apprendi.

Appellate Information

• Argued 05/18/2001
• Decided 10/15/2001
• Published 10/15/2001

Judges

• SOTOMAYOR, Circuit Judge:, Before FEINBERG, LEVAL, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Edward S. Zas,The Legal Aid Society, Federal Defender Division Appeals Bureau, New York, NY, for defendant-appellant., Robert M. Appleton, Assistant United States Attorney, Bridgeport, CT, for Stephen C. Robinson, United States Attorney for the District of Connecticut, for appellee.