No. 91-1740.

959 F.2d 1377 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Juan A. TRUJILLO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 1992.

As Modified on Grant of Rehearing April 20, 1992.

Attorney(s) appearing for the Case

Joshua T. Buchman, Asst. U.S. Atty., Office of the U.S. Atty., Crim. Div., Barry R. Elden, Diane L. Saltoun (argued), Asst. U.S. Attys., Office of the U.S. Atty., Criminal Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellee.

Robert A. Loeb (argued), Chicago, Ill., for defendant-appellant.

Before BAUER, Chief Judge, KANNE, Circuit Judge, and WOOD, Jr., Senior Circuit Judge.

BAUER, Chief Judge.

Juan Anthony Trujillo was convicted of possession with intent to distribute a controlled substance (cocaine) in violation of 21 U.S.C. § 841(a). On appeal, he argues that § 841(a) is unconstitutional because the quantity of the controlled substance is not included as an element of the offense. He argues that because the amount of narcotics is a determinative factor in sentencing, due process...


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