U.S. v. CAMPBELL

No. 00-1698.

295 F.3d 398 (2002)

UNITED STATES of America v. Curtis Leroy CAMPBELL, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 2, 2002.


Attorney(s) appearing for the Case

Shelly Stark, Lisa B. Freeland, (argued), Office of the Federal Public Defender, Pittsburgh, Pennsylvania, for appellant.

Harry Litman, Bonnie R. Schlueter, (argued), United States Attorneys' Office, Pittsburgh, Pennsylvania, for appellee.

BEFORE: SLOVITER, FUENTES and ALDISERT, Circuit Judges.


FUENTES, Circuit Judge.

Curtis Leroy Campbell was indicted for distributing in excess of 50 grams of cocaine base ("crack") in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(iii). At trial, the District Court instructed the jury as to the drug offense but did not submit the issue of drug quantity to the jury as an element to be proven beyond a reasonable doubt. After a guilty verdict, the court sentenced Campbell to 22 years of imprisonment and 5 years...

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