United States Sixth Circuit

Where both defendants were convicted of conspiracy to distribute cocaine, defendants' claims, that their sentences violate Apprendi because the quantity of cocaine involved in the conspiracy was neither alleged in the indictment nor submitted to the jury, denied under harmless error doctrine.

Appellate Information

• Argued 01/31/2002
• Decided 10/29/2002
• Published 10/29/2002

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Blas E. Serrano, Assistant United States Attorney (argued and briefed), Cleveland, OH, for United States., Richard A. Cline (argued and briefed), Mitchell, Allen, Catalano & Boda, Columbus, OH, for Martin Souza., Robert A. Ratliff (argued and briefed), Roberts, Shields, Green, Landry & Ratliff, Mobile, AL, for Joseph Jesus Lopez.