United States Sixth Circuit

Under Apprendi, aggravating factors, other than a prior conviction, that increase the penalty from a non-mandatory minimum sentence to a mandatory minimum sentence, or from a lesser to a greater minimum sentence, are now elements of the crime to be charged and proven. Where the government fails to charge or attempt to prove to the jury a quantity of drugs that would permit a mandatory sentence under 21 USC 841(b)(1)(CD), the case must be remanded to district court for re-sentencing under the Guidelines.

Appellate Information

• Argued 10/31/2000
• Decided 02/16/2001
• Published 02/16/2001

Judges

• Before:  MERRITT and SILER, Circuit Judges;  SARGUS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Gerald L. Gulley, Jr. (argued and briefed), Baker, Gulley, Repass & Oldham, Knoxville, TN, for Appellant.


• For Appellees:
  
• Jonathan L. Marcus (argued and briefed), United States Department Of Justice, Appellate Section, Criminal Division, Washington, DC, Robert C. Anderson (briefed), Assistant United States Attorney, Nashville, TN, for Appellee.