United States Fourth Circuit

Even though district court sentenced defendant to a term of imprisonment greater than the 20-year maximum penalty authorized by the facts found by the jury, petitioner can show no Apprendi error where the court could have sentenced him to consecutive prison terms in excess of the actual sentence.

Appellate Information

• Argued 02/27/2001
• Decided 06/29/2001
• Published 06/29/2001

Judges

• Before WILKINSON, Chief Judge, and WIDENER, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, DIANA GRIBBON MOTZ, TRAXLER, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas Franklin Loflin, III, Loflin & Loflin, Durham, NC, for Appellant Angle;  Robert Adams Blake, Jr., Law Offices of James F. Wyatt, III, Charlotte, NC, for Appellant Phifer.  Nina Swift Goodman, United States Department of Justice, Washington, DC, for Appellee.   ON BRIEF:  James F. Wyatt, III, Law Offices of James F. Wyatt, III, Charlotte, NC, for Appellant Phifer.  Mark T. Calloway, United States Attorney, Frank D. Whitney, Assistant United States Attorney, Charlotte, NC, for Appellee.