United States Ninth Circuit
US v. OCHOA, 01-50324
The "relevant conduct" provision of U.S.S.G. section 1B1.3 is not facially unconstitutional under Apprendi, and Apprendi does not apply to appellant's sentence because it did not exceed the statutory maximum for the crime to which he pleaded guilty.
Appellate Information
- Argued 10/07/2002
- Decided 11/21/2002
- Published 11/21/2002
Judges
- BRUNETTI, Circuit Judge., Before: HUG, BRUNETTI and O'SCANNLAIN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Manuel U. Araujo, Riverside, CA, for the appellant.
- For Appellees:
- Brian Hoffstadt, Assistant United States Attorney, Los Angeles, CA, for the appellee.