UNITED STATES of America, Plaintiff-Appellee,
v.
Miguel LONGORIA, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Juan Adrian Gonzalez, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 12, 2002.
July 12, 2002.
Attorney(s) appearing for the Case
Ellen A. Lockwood, San Antonio, TX, for U.S. in 00-50405.
Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Michael R. Dreeben (argued), Nina Swift Goodman, U.S. Dept. of Justice, Washington, DC, for U.S. in both cases.
Henry Joseph Bemporad (argued), San Antonio, TX, for Longoria.
Peter Goldberger, Law Office of Peter Goldberger, Admore, PA, for Nat. Ass'n of Criminal Defense Lawyers and Families Against Mandatory Minimums Foundation, Amicus Curiae.
Angela S. Raba, Angela J. Moore, San Antonio, TX, for U.S. in 00-50406.
John Aloysius Convery (argued), Harsdorff & Convery, San Antonio, TX, for Gonzalez.
Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS, and CLEMENT, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PER CURIAM:
In Apprendi v. New Jersey,530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the Supreme Court held: "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." Id. at 490, 120 S.Ct. 2348. In the wake of Apprendi, this court and all our sister circuits have unanimously...
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