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U.S. v. BAILEY

No. 00-6268.

286 F.3d 1219 (2002)

UNITED STATES, Plaintiff-Appellee, v. Teddy Leroy BAILEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 18, 2002.

Attorney(s) appearing for the Case

Michael A. Rotker, Attorney, United States Department of Justice, Washington, D.C., (Robert G. McCampbell, United States Attorney, M. Jay Farber, Assistant United States Attorney, with him on the briefs) for Plaintiff-Appellee.

Chris Eulberg, Oklahoma City, OK, for Defendant-Appellant.

Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and ROGERS, Senior District Judge.

LUCERO, Circuit Judge.

In Apprendi v. New Jersey, the Supreme Court announced a new rule of constitutional law: "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Appellant Teddy Leroy Bailey, for the first time on appeal...

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