United States Sixth Circuit

A sentence was not unconstitutional where a minimum sentencing range was determined by an amount of drugs not proved to a jury beyond a reasonable doubt, because 1) rights prescribed in Apprendi do not apply to factors increasing the statutory mandatory minimum, and 2) defendant waived his right to a jury and to proof as to the amount of drugs.

Appellate Information

• Argued 07/16/2002
• Decided 10/09/2002
• Published 10/09/2002

Judges

• Before SUHRHEINRICH, SILER, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Marc Milton Leachman, Lexington, KY, pro se.


• For Appellees:
  
• Terry M. Cushing (argued and briefed), Alexander T. Taft, Jr. (briefed), Asst. U.S. Attys., Office of U.S. Atty., Louisville, KY, for Plaintiff-Appellee., Kevin M. Schad (argued and briefed), Schad & Cook, Indian Springs, OH, for Defendant-Appellant.