United States Second Circuit

Apprendi does not apply to enhancements that determine a sentence within the applicable statutory maximum and that would otherwise be above the applicable statutory minimum; applicable standard of proof for enhancements is preponderance of the evidence, although downward departure may be warranted depending on the extent of the resulting sentence increase and the probative force of supporting evidence; sentence vacated and case remanded for resentencing. (Corrected opinion)

Appellate Information

• Decided 02/19/2002
• Published 04/15/2002

Judges

Court

• United States Second Circuit

Counsel