United States Second Circuit

A mandatory minimum sentence, specified in either 21 USC 841(b)(1)(A) or 841(b)(1)(B), cannot mandate a prison sentence that exceeds the highest sentence to which the defendant would otherwise have been exposed if the applicability of those subsections depends on a finding of drug quantity not made by the jury.

Appellate Information

• Argued 11/17/2000
• Decided 12/18/2001
• Published 12/18/2001

Judges

• JACOBS, Circuit Judge., Before: JACOBS, CALABRESI, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Timothy J. Coleman, Assistant United States Attorney, New York, NY (Mary Jo White, United States Attorney for the Southern District of New York, Christine H. Chung, Assistant United States Attorney, on the brief), for Appellee., Richard D. Willstatter, Green & Willstatter, White Plains, NY, for Defendant-Appellant.