United States Eighth Circuit

Defendant's drug conviction is affirmed; however, his sentence violated the Sixth Amendment since it was based on drug quantity findings that were not proved to a jury beyond a reasonable doubt.

Appellate Information

• Decided 02/23/2005
• Published 02/23/2005

Judges

• HEANEY, Circuit Judge., Before WOLLMAN, HEANEY, and FAGG, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John E. Haak (argued), U.S. Attorney's Office, Sioux Falls, SD., Steven K. Rabuck (argued), Nichols & Rabuck, Sioux Falls, SD., Shelbourne Selwyn, Federal Correctional Institution, County Road G & Elk Avenue, Grand Marsh, WI.