United States Fourth Circuit

Because USSG 5G1.2(d) requires the imposition of consecutive terms on each count of conviction until the guideline punishment is achieved, failure to have a jury find the drug quantity beyond a reasonable doubt is not an error affecting a defendant's substantial rights.

Appellate Information

• Decided 02/01/2001
• Published 02/01/2001

Judges

• Before WILKINS and NIEMEYER, Circuit Judges, and BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  George Pius Adams, Baltimore, MD, for Appellant.  James McCormick Webster, III, Assistant United States Attorney, Baltimore, MD, for Appellee.   ON BRIEF:  Lynne A. Battaglia, United States Attorney, Baltimore, MD, for Appellee.