United States Second Circuit

Imposition of a mandatory minimum sentence based on a conviction not alleged in the indictment did not violate Apprendi; court's finding that an earlier conviction was a "prior conviction," though based on conduct that was part of the conspiracy for which defendant was now been sentenced, was correct.

Appellate Information

• Decided 06/21/2002
• Published 06/24/2002

Judges

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

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Gene Primomo, Assistant Federal Public Defender (Barbara E. O'Connor, Assistant Federal Public Defender, and Alexander Bunin, Federal Public Defender, of counsel), Burlington, VT, for Defendant-Appellant., John M. Conroy, Assistant United States Attorney (Paul J. Van de Graaf, Acting United States Attorney for the District of Vermont, and Gregory L. Waples, Assistant United States Attorney, of counsel), Burlington, VT, for Appellee.