United States Second Circuit

Imposition of a sentence above the statutory maximum, for an offense involving an indeterminate quantity of drugs, based on drug quantities not found beyond a reasonable doubt, requires resentencing; indictment error did not violate defendant's substantive rights.

Appellate Information

• Decided 07/18/2002
• Published 07/18/2002

Judges

• F.I. PARKER, Circuit Judge., Before: FEINBERG, OAKES, F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• James Neuman (Richard Jasper, New York City, on brief), for Defendant-Appellant., Bernadette Miragliotta, Assistant United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.