United States Fifth Circuit

Where the district court could have imposed consecutive prison terms for each count of the indictment, its finding that concurrent terms of incarceration for both counts was appropriate punishment for the defendant renders its violation of Apprendi prejudicial.

Appellate Information

• Decided 05/31/2001
• Published 05/31/2001

Judges

• FALLON, District Judge:, Before POLITZ and BARKSDALE, Circuit Judges, and FALLON, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Ellen A. Lockwood, San Antonio, TX, for Plaintiff-Appellee., Judy Fulmer Madewell (argued), San Antonio, TX, for Defendant-Appellant.