UNITED STATES of America,
v.
Alex VAZQUEZ, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Originally Argued December 15, 2000.
Argued May 23, 2001.
October 9, 2001.
Attorney(s) appearing for the Case
Martin C. Carlson, United States Attorney, Christy H. Fawcett, Assistant United States Attorney, Office of United States Attorney, Harrisburg, PA, Michael R. Dreeben, (argued), Deputy Solicitor General, U.S. Department of Justice, Nina Goodman, Michael A. Rotker, Criminal Division, U.S. Department of Justice, Washington, DC, Attorneys for Appellee.
Peter Goldberger, (argued), Pamela A. Wilk, James H. Feldman, Jr., Ardmore, PA, Attorneys for Appellant.
Shelley Stark, Federal Public Defender, Lisa B. Freeland, (argued), Assistant Federal Public Defender, Pittsburgh, PA, Attorneys for Amicus Curiae Leroy Campbell.
Lisa Kemler, Alexandria, VA, Attorney for Amicus Curiae National Association of Criminal Defense Lawyers.
Mary Price, General Counsel, Washington, DC, Attorney for Amicus Curiae Families Against Mandatory Minimums Foundation.
Clayton A. Sweeney, Jr., Philadelphia, PA, Attorney for Amici Curiae National Association of Criminal Defense Lawyers, Pennsylvania Association of Criminal Defense Lawyers and Families Against Mandatory Minimums Foundation.
Before BECKER, Chief Judge, SLOVITER, MANSMANN, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, AMBRO, FUENTES, and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
Argued En Banc May 23, 2001.
OPINION OF THE COURT
FUENTES, Circuit Judge:
This appeal requires us to apply the Supreme Court's recent decision in Apprendi v. New Jersey,530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to a drug conspiracy sentence. At sentencing, the trial court, adhering to established law and custom, itself decided the issue of drug quantity...
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