1. Home
  2. Browse Decisions
  3. F.3d
  4. 240 F.3d
  5. 240 F.3d 180 (2001)
 

U.S. v. GARCIA

No. 00-1408.

240 F.3d 180 (2001)

UNITED STATES of America, Appellee, v. Adalberto GARCIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: February 20, 2001.

Attorney(s) appearing for the Case

Marjorie M. Smith, Englander & Smith, Tappan, N.Y., on the brief for defendant-appellant.

Greg D. Andres, Asst. U.S. Atty., Brooklyn, N.Y. (Loretta E. Lynch, U.S. Atty., Peter A. Norling, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before: NEWMAN, LEVAL, and SACK, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal of a criminal sentence requires consideration of one of the questions arising in the wake of the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The question is whether a jury, rather than a sentencing judge, must find a sentencing fact that affects only a defendant's Guidelines sentencing range within a statutory maximum, but...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases