United States Ninth Circuit

Reviewing drug quantity under the preponderance of evidence standard is prejudicial where term of supervised release exceeds the statutory maximum, even if the term of imprisonment is within the statute.

Appellate Information

• Argued 01/10/2001
• Decided 05/10/2001
• Published 05/10/2001

Judges

• Before TROTT, THOMAS, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Debra Ann DiIorio,DiIorio and Hall, APC, San Diego, CA, for defendant-appellant., Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Roger W. Haines, Jr., Assistant United States Attorney, U.S. Attorney's Office, San Diego, California, for the plaintiff-appellee.