United States Sixth Circuit

A district court's determination of drug quantity by a preponderance of the evidence is unconstitutional when that finding increases the default statutory penalty to which the defendant is exposed.

Appellate Information

• Argued 03/09/2001
• Decided 05/22/2001
• Published 05/22/2001

Judges

• Before: SILER, MOORE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Charles P. Wisdom, Jr. (briefed), Asst. U.S. Atty., Lexington, KY, Fred A. Stine, V (argued and briefed), Asst. U.S. Atty., Covington, KY, for Plaintiff-Appellee., Deanna L. Dennison (briefed), Renee L. Aslip (argued), Covington, KY, Shannon Strayhorn, Federal Correctional Institution, Beaver, WV, for Defendant-Appellant