United States Ninth Circuit

Apprendi errors are reviewed for harmlessness using the framework of Neder v. US, 527 U.S. 1 (1999), under which an error is harmless if the court finds beyond a reasonable doubt that the result "would have been the same absent the error."

Appellate Information

• Decided 12/13/2006
• Published 12/13/2006

Judges

• HALL, Senior Circuit Judge:, Before: HALL, McKEOWN, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kurt D. Hermansen, San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Mark R. Rehe, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.