United States Seventh Circuit

Amended judgment correcting a sentence for possessing and conspiring to possess cocaine with intent to distribute is affirmed where: 1) a mandatory minimum sentence was statutorily required, and the sentencing court was required to invoke Fed. R. Crim. P. 35(a) to correct its initial imposition of a lesser sentence; and 2) judge-found facts based on a preponderance of the evidence standard were sufficient to determine the drug quantity.

Appellate Information

• Argued 04/15/2008
• Decided 08/19/2008
• Published 08/19/2008

Judges

• KANNE, Circuit Judge., Before CUDAHY, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Nathalina Hudson (argued), Chicago, IL, for Plaintiff-Appellee., Bradley J. Andreozzi (argued), Drinker, Biddle & Reath, Chicago, IL, for Defendant-Appellant.