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BURTON v. U.S.

No. 98-20294.

237 F.3d 490 (2000)

Bobby Joe BURTON, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Fifth Circuit.

December 22, 2000.

Attorney(s) appearing for the Case

Paula Camille Offenhauser, Asst. U.S. Atty., Kathlyn Giannaula Snyder, Houston, TX, for Plaintiff-Appellee.

John Joseph Perry, Jones & Cryer, Houston, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, JONES and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Pursuant to the Supreme Court's decisions in Jones v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), a fact that increases the penalty for a crime beyond the prescribed statutory maximum must be alleged in the indictment and proved to the jury beyond a reasonable doubt. Guided...

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