U.S. v. ROGERS

No. 99-15150.

228 F.3d 1318 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron Lamar ROGERS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 29, 2000.


Attorney(s) appearing for the Case

Lynn Waxman, Lynn G. Waxman, P.A., West Palm Beach, FL, for Defendant-Appellant.

Anne R. Schultz, Phillip DiRosa, Harriet Galvin, Asst. U.S. Atty., Miami, FL, Carol A. Wilkinson, Fort Pierce, FL, for Plaintiff-Appellee.

Before TJOFLAT, HILL and POLITZ, Circuit Judges.


TJOFLAT, Circuit Judge:

Aaron Lamar Rogers appeals his sentence of 360 months' imprisonment and 5 years' supervised release for a drug conviction under 21 U.S.C. § 841. Because of the rule announced in Apprendi v. New Jersey, that any fact (other than prior conviction) that increases the penalty for a crime beyond the prescribed statutory maximum must be presented to a jury and proven beyond a reasonable doubt, we vacate Rogers's sentence and remand to...

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