United States Sixth Circuit

Where the indictment charged the defendant with manufacturing "in excess of 50 grams of methamphetamine," and defendant pled guilty to the charge in the indictment, stipulating quantity, the indictment was not constitutionally defective, even under the post-Apprendi standard, and there was no plain error by the district court in sentencing defendant to the mandatory minimum sentence under 21 U.S.C. section 841(b)(1)(A).

Appellate Information

• Decided 04/02/2002
• Published 04/02/2002

Judges

• Before: MOORE, Circuit Judge;  HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Thomas A. Colthurst, Asst. U.S. Attorney, Memphis, TN, Victor L. Ivy, Tammi R. Simpson, U.S. Attorney's Office, Jackson, TN, Bruce I. Griffey, Office of Bruce Irwin Griffey, Memphis, TN, for Plaintiff-Appellee., Stephen B. Shankman, Stephen B. Shankman, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant.