United States Ninth Circuit

In an appeal from a judgment of the district court sentencing defendant to 180 months in prison for attempting to possess a controlled substance with the intent to distribute, 21 U.S.C. sections 841(a) and 846, judgment is reversed where the court erred under Apprendi by sentencing him for attempted possession with intent to distribute an unspecified amount of cocaine even though he never admitted that he attempted to possess cocaine.

Appellate Information

• Decided 09/01/2011
• Published 09/01/2011

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Allison E. Mendel, Andrea T. Steward