United States Eighth Circuit

Where defendant did not stipulate to quantity of drugs seized, and government introduced no evidence proving quantity, an enhanced sentence beyond the 60 month maximum set forth at 21 USC 841(b)(1)(D) was reversible error.

Appellate Information

• Decided 01/30/2001
• Published 01/30/2001

Judges

• ROSS, Circuit Judge., Before McMILLIAN, ROSS and HANSEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey L. Thomas, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Susan T. Lehr, argued, Assistant U.S. Atty., Omaha, NE, for appellee.