United States Sixth Circuit

Though quantity of drugs for which defendant was sentenced had not been proven beyond a reasonable doubt, Apprendi does not apply to mandatory minimums. A firearm conviction is reversed where defendant should not have foreseen that his co-conspirator would be carrying a firearm.

Appellate Information

• Decided 02/11/2003
• Published 02/11/2003

Judges

• Before BATCHELDER and MOORE, Circuit Judges;  FORESTER, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Perry H. Piper, Asst. U.S. Atty. (argued and briefed), Chattanooga, TN, for Plaintiff-Appellee., Rita C. LaLumia, Asst. Fed. Pub. Def. (argued and briefed), Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, TN, for Defendant-Appellant.