U.S. v. POWELL

No. CRIM. A. 99-719.

109 F.Supp.2d 381 (2000)

UNITED STATES of America v. Allen POWELL, a/k/a, Keith Bates

United States District Court, E.D. Pennsylvania.

August 10, 2000.


Attorney(s) appearing for the Case

Mitchell E. Zamoff, U.S. Attorney's Office, Philadelphia, PA, for U.S.


MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

The issue before the court is whether the Supreme Court's recent decision in Apprendi v. New Jersey requires the fact of a criminal defendant's prior conviction, which increases the penalty for a crime beyond the statutory maximum, to be charged in the indictment.

On May 8, 2000, the defendant, Allen Powell ("defendant"), pled guilty to one count of possession of a firearm by a convicted felon...

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