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U.S. v. COPPINS

No. 90-5555.

953 F.2d 86 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Mildred P. COPPINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 16, 1991.

Attorney(s) appearing for the Case

George Alan DuBois, Jr., Asst. Federal Public Defender, Raleigh, N.C., argued, for defendant-appellant.

Michael Scot Gordon, Sp. Asst. U.S. Atty., Cherry Point, N.C., argued, for plaintiff-appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and MERHIGE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

This appeal presents two issues: whether in assessing a defendant's sixth amendment right to jury trial, entitlement should be determined by reference to the maximum statutory sentence of imprisonment authorized for the offense charged, or by the actual sentence imposed; and whether, if the statutory maximum controls, the entitlement of a defendant charged as the result of a single incident with multiple petty offenses to...

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