United States Eighth Circuit

Defendant's sentence for conspiring to manufacture, distribute, and possess with intent to distribute heroin and at least 50 grams of cocaine base, resulting in death, is affirmed where: 1) Apprendi was inapplicable because defendant faced a statutory maximum sentence of life in prison regardless of his prior felony conviction; and 2) even assuming for the sake of argument that Shepard applied, defendant's contention would fail, for he acknowledged in his brief that the sentencing transcript from his prior conviction, which was admitted at the continued sentencing hearing, showed that he was convicted of a drug felony.

Appellate Information

• Decided 08/23/2010
• Published 08/23/2010

Judges

• Array

Court

• United States Eighth Circuit

Counsel