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U.S. v. FEOLA

Docket No. 01-1321.

275 F.3d 216 (2001)

UNITED STATES of America, Appellee, v. John J. FEOLA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 26, 2001.

Attorney(s) appearing for the Case

Jack R. Maro, Ocala, FL, for defendant-appellant.

Joseph A. Pavone, U.S. Atty., Michael C. Olmsted, Elizabeth S. Riker, Asst. U.S. Attys., Syracuse, NY, on the brief, for appellee.

Before WALKER, Chief Judge, NEWMAN, and F.I. PARKER, Circuit Judges.

PER CURIAM.

This appeal of a sentence primarily concerns a claim that "relevant conduct," calculated pursuant to the Sentencing Guidelines, U.S.S.G. § 1B1.3, has been used to increase a sentence above a statutory maximum in violation of the rule of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The precise issue is whether conduct relevant to an offense charged in one count may enhance a concurrent...

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