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United States Sixth Circuit


US v. Moncivais, 02-6457

Defendant's sentence for a drug conviction is vacated where the district court violated his Sixth Amendment rights when it enhanced his sentence based upon facts not proved to a jury beyond a reasonable doubt.

Appellate Information

  • Decided 03/24/2005
  • Published 03/24/2005

Judges

  • Before:  NORRIS and COOK, Circuit Judges;  BECKWITH, Chief District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED: E.E. Edwards III, Nashville, Tennessee, for Appellant. Scott F. Leary, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: E.E. Edwards III, Nashville, Tennessee, for Appellant. Stuart J. Canale, Assistant United States Attorney, Memphis, Tennessee, for Appellee.
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