United States Seventh Circuit

The narcotics trafficking statute under 18 USC 841 is constitutional, and where a sentencing judge - acting before Apprendi - finds the kinds and quantities drugs involved under a preponderance of the evidence standard, it is very unliikely that the judge would not find that a smaller quantity of drugs at the end of the conspiracy beyond a reasonable doubt.

Appellate Information

• Argued 03/02/2001
• Decided 03/22/2001
• Published 03/22/2001

Judges

• EASTERBROOK, Circuit Judge., Before CUDAHY, EASTERBROOK, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Thomas P. Schneider,Office of the U.S. Atty., Milwaukee, WI, Elizabeth Collery (argued), Dept. of Justice, Crim. Div., Washington, DC, for Plaintiff-Appellee., Jon G. Furlow (argued), Gordon P. Giampietro, Michael Best & Friedrich, Milwaukee, WI, for Defendant-Appellant.