United States Fourth Circuit

Though a sentence based on 1) an indictment that failed to specify drug quantity and 2) absence of a jury finding as to quantity, was plain error under Apprendi, sentence is affirmed where evidence of drug quantity justifying the sentence was overwhelming and uncontroverted.

Appellate Information

• Argued 06/06/2002
• Decided 08/22/2002
• Published 08/22/2002

Judges

• Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Krysia Carmel Nelson, Nelson & Korth, P.L.C., Charlottesville, Virginia, for Appellant.  Ray B. Fitzgerald, Jr., Assistant United States Attorney, Charlottesville, Virginia, for Appellee.   ON BRIEF:  John L. Brownlee, United States Attorney, Charlottesville, Virginia, for Appellee.