United States Second Circuit

In light of Apprendi, Thomas and Guevara, it was error for the district court to permit defendant to plead guilty to quantity-specific drug charges while refusing to allocute to quantity; on remand, any sentence under 11 U.S.C. subsections 841(b)(1)(A) or (B) must be based either on an allocution that settles the issue of drug quantity or on a finding as to that issue by a fact-finder applying a reasonable-doubt standard.

Appellate Information

• Argued 11/30/2001
• Decided 03/28/2002
• Published 03/28/2002

Judges

• JACOBS, Circuit Judge., Before WALKER, JR., Chief Judge, JACOBS and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Roberto Finzi, 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., Irving Cohen, New York, NY, for Defendant-Appellant.