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United States v. DeLeon

Neither the omission of a specific drug quantity from the indictment nor the absence of a jury charge on drug quantity rises to the level of plain error.

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As amended APRIL 24, 2001

Appeal from the United States District Court For the Western District of Texas

Alfonso DeLeon appeals his conviction of conspiracy to possess with intent to distribute more than 100 kilograms of marijuana, in violation of 21 U.S.C. �� 841(a)(1), 841(b)(1)(B), and 846, and aiding and abetting the possession of marijuana with intent to distribute, in violation of 18 U.S.C. � 2. The district court sentenced DeLeon to concurrent 78-month terms of imprisonment, concurrent 4-year terms of supervised release, a $300 fine, and a $200 special assessment. DeLeon argues that (1) his conviction is not supported by sufficient evidence; (2) the district court abused its discretion in admitting into evidence an audiocassette containing a taped conversation; and (3) the district court erred in light of Apprendi v. New Jersey, 120 S.Ct. 2348 (2000), in imposing 78-month sentences. We affirm.

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