United States Ninth Circuit

In a case in which the jury made a special finding that the quantity of drugs involved was less than 50 grams, but the district judge calculated the sentence based on his own finding that the quantity involved was far in excess of 50 grams, defendant's sentence for conviction of possession of methamphetamine with intent to distribute and conspiracy to possess with intent to distribute, 21 U.S.C. section 841(a)(1), is vacated and remanded for resentencing where: 1) Apprendi v. New Jersey line of cases are not applicable; 2) because two witness's hearsay statements did not meet the 'minimal indicia of reliability' standard, the district court was not justified in relying on them in determining the sentence; and 3) there is no evidence that the defendant exercised some control over others involved in the commission of the evidence, the district court clearly erred in assessing an organizer enhancement pursuant to U.S.S.G. section 3B1.1(c).

Appellate Information

• Published 2016/07/15

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel