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U.S. v. RANDALL

Nos. 01-1452, 01-1453.

287 F.3d 27 (2002)

UNITED STATES of America, Appellee, v. Jack Wade RANDALL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 19, 2002.

Attorney(s) appearing for the Case

Wayne R. Foote with whom Foote & Temple was on brief for appellant.

Margaret D. McGaughey, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on brief for the appellee.

Before LYNCH and LIPEZ, Circuit Judges, and WOODLOCK, District Judge.

WOODLOCK, District Judge.

In Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the Supreme Court observed that "[i]f a defendant faces punishment beyond that provided by statute when an offense is committed under certain circumstances but not others, it is obvious that both the loss of liberty and the stigma attaching to the offense are heightened." Id. at 484, 120 S.Ct. 2348. In order to guard...

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