United States Fifth Circuit

Where no drug quantities were alleged in the indictment, and there is nothing in the record to indicate that the jury made any findings about quantity, an enhanced sentence is plain error in the Fifth Circuit.

Appellate Information

• Decided 08/31/2001
• Published 08/31/2001

Judges

• BY THE COURT:, Before KING, Chief Judge, and REAVLEY and JONES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Dane S. Ciolino (argued), Loyola University School of Law, New Orleans, LA, for Baptiste.


• For Appellees:
  
• Robert J. Boitmann (argued) and Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellee.