United States Sixth Circuit

Failure to instruct the jury to determine the type of drug involved in a conspiracy did not violate Apprendi where evidence that defendant was involved in a conspiracy to distribute cocaine was overwhelming, but court's determination of drug amount is reversible error.

Appellate Information

• Decided 08/06/2002
• Published 08/06/2002

Judges

• Before:  DAUGHTREY and MOORE, Circuit Judges;  SIMPSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Thomas L. Parker (argued and briefed), Asst. U.S. Attorney, Memphis, TN, for Plaintiff-Appellee., Robert C. Brooks (argued and briefed), Memphis, Tennessee, for Defendant-Appellant.