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U.S. v. SANTOS

No. 98-1344

195 F.3d 549 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando SANTOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 8, 1999.

Attorney(s) appearing for the Case

Linda A. McMahan, United States Attorney, and Sean Connelly, Attorney, U.S. Department of Justice, Denver, Colorado, for Plaintiff-Appellee.

Michael G. Katz, Federal Public Defender, and Jill M. Wichlens, Assistant Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Before TACHA, BARRETT, and MURPHY, Circuit Judges.

TACHA, Circuit Judge.

This appeal1 raises an important issue with respect to the sentencing scheme established for drug cases in 21 U.S.C. § 841(b), which ties mandatory minimum and maximum sentences to benchmark quantities of various illegal substances. Specifically, we must determine whether these sentencing provisions are governed solely by the drug amounts involved in the offense of conviction...

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