United States Ninth Circuit

The district court committed harmful Apprendi error in determining by a preponderance of the evidence that, because defendant was responsible for more than 50 kilograms of marijuana, he must be sentenced pursuant to 21 U.S.C. section 841(b)(1)(B) to a minimum of five years.

Appellate Information

• Argued 01/10/2001
• Decided 01/21/2003
• Published 01/21/2003

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.