X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: March 13, 2001

On direct appeal from a judgment of conviction entered by the United States District Court for the Eastern District of New York (Frederic Block, Judge), defendant argues that his convictions and sentence are unconstitutional under the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), because (1) Apprendi renders his statute of conviction, 21 U.S.C. � 841, facially unconstitutional, and (2) absent an indictment and jury finding as to quantity, the “default” maximum sentence for a marijuana offense is the one-year provision of 21 U.S.C. � 841(b)(4), not the five-year provision of � 21 U.S.C. � 841(b)(1)(D). We reject both of these contentions and affirm the convictions and sentences on all counts.

Defendant also appeals from the district court’s denial of his � 2255 motion alleging ineffectiveness of trial counsel. We deny his motion for a certificate of appealability and dismiss the appeal.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Our client, one of the premier family law boutiques in Chicago, is seeking to add a family law attorney to support their growing practice. ...


Apply Now ›

Widener University is currently seeking an Assistant Dean for Career Development at the Delaware Law School. Reporting to the Dean of the L...


Apply Now ›

June-August 2024 Environmental and Land Use - Associate Attorney (1-3 years) Adams Broadwell Joseph & Cardozo is acc...


Apply Now ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›