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U.S. v. SAMUEL

Nos. 01-3032 & 01-3033.

296 F.3d 1169 (2002)

UNITED STATES of America, Appellee, v. Leon A. SAMUEL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 2002.

Attorney(s) appearing for the Case

Mary M. Petras, appointed by the court, argued the cause and filed the briefs for appellant.

John K. Han, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, John R. Fisher, Mary-Patrice Brown, and Thomas C. Black, Assistant U.S. Attorneys.

Before: SENTELLE, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The sentence imposed by the district court in this case included an upward adjustment because the defendant, Leon Samuel, committed an offense while on release for another crime. Samuel contends that this sentencing enhancement violated the rule, announced by the Supreme Court in Apprendi v. New Jersey, that "any fact that increases the penalty for a crime beyond the statutory...

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