United States Ninth Circuit

Where a drug quantity finding as to reasonable foreseeability or scope of a conspiracy exposes a conspirator to a higher statutory maximum than he otherwise would face, that finding must be made by a jury or, in the case of a guilty plea, by the court beyond a reasonable doubt.

Appellate Information

• Argued 03/05/2002
• Decided 03/10/2003
• Published 03/10/2003

Judges

• Before PREGERSON, FISHER and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Janice M. Deaton, San Diego, CA, for the defendant-appellant., Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Todd W. Robinson, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.