United States Second Circuit

An Apprendi error will not be corrected where evidence that a conspiracy involved more than one kilogram of heroin was overwhelming, and a jury would have returned a verdict that it involved more than one kilogram of heroin.

Appellate Information

• Argued 11/17/2000
• Decided 07/26/2002
• Published 07/30/2002

Judges

• JACOBS, Circuit Judge., Before: JACOBS, CALABRESI, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Timothy J. Coleman, 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., Richard D. Willstatter, Green & Willstatter, White Plains, NY, for Defendant-Appellant.