United States DC Circuit

Drug conviction and sentence are affirmed where defendant failed to raise his Apprendi claim at trial or on direct appeal and also failed to satisfy the burden of demonstrating that he suffered prejudice from the alleged error.

Appellate Information

• Decided 10/21/2003
• Published 10/21/2003

Judges

• Before:  EDWARDS, RANDOLPH, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert S. Becker argued the cause for appellant.


• For Appellees:
  
• Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Thomas J. Tourish, Jr., and Mary Ann Snow, Assistant U.S. Attorneys.