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U.S. v. MINORE

Nos. 99-30381, 00-30025 and 00-30052.

292 F.3d 1109 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Gary William MINORE, aka Skip, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Arthur Torsone, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Prommateta Chinawat, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2002.

Attorney(s) appearing for the Case

Lee Covell and Kenneth E. Kanev, Seattle, WA, for defendant-appellant Gary W. Minore.

Scott A. Schumacher, Chicoine & Hallett, Seattle, WA, for defendant-appellant Arthur Torsone.

Jennifer Shaw, Aoki & Sakamoto, Seattle, WA, for defendant-appellant Prommateta Chinawat.

Annette L. Hayes, Assistant United States Attorney, Seattle, WA, for plaintiff-appellee United States of America.

Before: B. FLETCHER and FISHER, Circuit Judges, and SCHWARZER, Senior District Judge.

FISHER, Circuit Judge.

In this appeal, we consider the significance of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), in a realm other than sentencing. Gary W. Minore challenges the validity of his conviction because the district court did not advise him during the plea colloquy that the government would be required to prove the amount of marijuana involved...

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