United States Fourth Circuit

A sentence for drug dealing violates Apprendi if it exceeds the time specified in the fallback provision, 21 USC 841(b)(1)(C), which imposes a penalty "of not more than 20 years" if no specific threshold drug quantity has been charged or proven.

Appellate Information

• Argued 01/26/2001
• Decided 10/15/2001
• Published 10/15/2001

Judges

• Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and RAYMOND A. JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kathrine Haggard Hudgins, Columbia, SC, for Appellant. Beth Drake, Assistant United States Attorney, Columbia, SC, for Appellee. ON BRIEF:  John Delgado, Columbia, SC, for Appellant.  J. Rene Josey, United States Attorney, Columbia, SC, for Appellee.