United States Third Circuit

Sentence to life of imprisonment for engaging in a "continuing criminal enterprise" in violation of 21 U.S.C. section 848 is affirmed over a primary claim that the life sentence mandated by section 848(b) could not be constitutionally imposed because the factual basis was not charged in the indictment, nor proven beyond a reasonable doubt.

Appellate Information

• Argued 04/24/2007
• Decided 03/31/2008
• Published 03/31/2008

Judges

• BEFORE:  McKEE, AMBRO, Circuit Judges, and ACKERMAN, Senior District Court Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jeffrey M. Lindy, Esq. (Argued), Michael Drossner, Esq., Paul M. George, Esq., Lindy & Associates, P.C., Philadelphia, PA, for Appellant.


• For Appellees:
  
• Patrick L. Meehan, Esq., United States Attorney, Robert A. Zauzmer, Esq. (Argued), Assistant United States Attorney, Chief of Appeals, Seth Weber, Esq., Assistant United States Attorney, Philadelphia, PA, for Appellee.