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.


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...

Let's get started


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