United States Fourth Circuit

Where the court still would have been mandated, under the provisions of USSG 5G1.2(d), to impose consecutive sentences in order to attain prison terms within the prescribed Guidelines range, the defendants were not prejudiced by the Apprendi error.

Appellate Information

• Argued 11/03/2000
• Decided 08/17/2001
• Published 08/17/2001

Judges

• Before NIEMEYER and KING, Circuit Judges, and SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Keith Loren Kimball, Colgan & Kimball, P.L.C., Virginia Beach, VA, for Appellant Jeffrey;  Robert Bryan Rigney, Protogyrou & Rigney, P.L.C., Norfolk, VA, for Appellant Stokes. Janet S. Reincke, Assistant United States Attorney, Norfolk, VA, for Appellee. ON BRIEF:  Helen F. Fahey, United States Attorney, Billy B. Ruhling, II, Third Year Law Student, Norfolk, VA, for Appellee.