United States DC Circuit

The Supreme Court's decision in Apprendi does not require the government to prove defendant's gun threat beyond a reasonable doubt in order to apply a 4-level sentence enhancement under USSG 2K2.1(b)(5).

Appellate Information

• Argued 01/22/2001
• Decided 04/24/2001
• Published 04/24/2001

Judges

• Before:  WILLIAMS, GINSBURG and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory L. Poe, Assistant Federal Public Defender, argued the cause for appellant.   With him on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• Marc O. Litt, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Wilma A. Lewis, U.S. Attorney, John R. Fisher, Roy W. McLeese, III, and Mary T. O'Connor, Assistant U.S. Attorneys.