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.