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U.S. v. LAFAYETTE

Nos. 01-3067 & 01-3099.

337 F.3d 1043 (2003)

UNITED STATES of America, Appellee, v. Shechem LAFAYETTE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2003.

Attorney(s) appearing for the Case

Edward C. Sussman, appointed by the court, argued the cause and filed the briefs for appellant.

Shechem Lafayette filed a pro se supplemental brief.

David B. Goodhand, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher and Roy W. McLeese III, Assistant U.S. Attorneys. Mary-Patrice Brown, Assistant U.S. Attorney, entered an appearance.

Before: RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

In Apprendi v. New Jersey, the Supreme Court held that, "[o]ther 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, 2362-63, 147 L.Ed.2d 435 (2000). Appellant Shechem...

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