United States Sixth Circuit

No Apprendi error occurred where defendant waived the right to have a jury consider a firearms charge under a reasonable doubt standard, as part of a plea bargain; government need show only that a weapon was more likely than not capable of semi-automatic fire, to establish that defendant used a semi-automatic assault weapon in a bank robbery.

Appellate Information

• Decided 06/06/2002
• Published 06/06/2002

Judges

• Before RYAN, BOGGS, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Van S. Vincent (argued), Assistant United States Attorney, Sunny A.M. Koshy (briefed), Assistant United States Attorney, Nashville, TN, for Plaintiff-Appellee., David L. Cooper (argued and briefed), Nashville, TN, for Defendant-Appellant.