U.S. v. HENDERSON

No. Crim.A. 2:99-00214-01.

105 F.Supp.2d 523 (2000)

UNITED STATES of America, Plaintiff, v. Mark Earl HENDERSON, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

July 19, 2000.


Attorney(s) appearing for the Case

Monica K. Schwartz, Assistant United States Attorney, Charleston, WV, for plaintiff.

Matthew A. Victor, Charleston, WV, for defendant.


MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

A federal jury convicted Mark Henderson of four counts, including counts of conspiring and attempting to commit drug offenses proscribed by 21 U.S.C. § 841. As has been the typical practice in federal drug prosecutions, the indictment did not charge, nor did the jury find, an amount of drugs attributable to Henderson. This court concludes that a recent Supreme Court opinion, Apprendi v. New Jersey...

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