United States Second Circuit

Statutory maximum sentence for an indeterminate amount of marijuana is five-year provision of 21 U.S.C. section 841(b)(1)(D); here, sentence for possession did not violate Apprendi and, although sentence on conspiracy count was in excess of five-year statutory maximum, defendant-s substantial rights were unaffected because it did not lengthen his overall term of imprisonment.

Appellate Information

• Argued 03/13/2001
• Decided 04/12/2002
• Published 04/15/2002

Judges

• SOTOMAYOR, Circuit Judge., Before: McLAUGHLIN and SOTOMAYOR, Circuit Judges, and BERTELSMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David I. Schoen, Montgomery, AL, for the appellant.


• For Appellees:
  
• Susan Corkery, Assistant United States Attorney, Brooklyn, NY (David C. James, Stephen C. King, Assistant United States Attorneys, on the brief), for Loretta E. Lynch, United States Attorney for the Eastern District of New York, for the appellee.