United States Ninth Circuit

The new rule of criminal procedure announced in Apprendi, that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt, does not apply retroactively on initial collateral review, even where a judge determines the drug quantity for which defendant is responsible. (Amended opinion).

Appellate Information

• Argued 11/05/2001
• Decided 03/15/2002
• Published 03/15/2002

Judges

• T.G. NELSON, Circuit Judge., Before:  HUG, T.G. NELSON, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• William S. Labahn,Law Offices of William S. Labahn, P.C., Eugene, OR, for the defendant-appellant., Michael A. Rotker, Assistant United States Attorney, Washington, DC, and Christopher L. Cardani, Assistant United States Attorney, Eugene, OR, for the plaintiff-appellee.