United States Third Circuit

Where defendant's sentence was well within statutory maximum for his narcotics conviction under 21 USC 841, et. seq., defendant confirmed his understanding of his potential sentencing, and court had discretion under USSG 4A1.3.5 to grant upward departure, Apprendi does not apply.

Appellate Information

• Decided 12/21/2000
• Published 12/21/2000

Judges

• Before SLOVITER, AMBRO, and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Alan D. Bowman, Newark, NJ, Attorney for Appellant.


• For Appellees:
  
• Robert J. Cleary, U.S. Attorney, George S. Leone, Chief, Newark, NJ, Attorneys for Appellee.