Sentencing of a defendant convicted of various drug-trafficking is affirmed where: 1) as long as defendant’s sentence comes within the maximum established by the jury’s verdict, a sentencing court’s preponderance-of-the-evidence factfinding on the issue of drug quantity, even though it may pave the way for a stiffer sentence within that maximum, does not violate the Apprendi principle, and thus not constitutionally improvident; 2) the district court did not commit clear error in determining the quantity of drugs attributable to the defendant as it is supported by a sensible view of the record and rested on permissible approximations.
Read US v. Platte, No. 08-1491
Appellate InformationAppeal from the United State District Court for the District of New Hampshire Decided August 21, 2009
JudgesBefore Boudin, Selya and Lipez, Circuit Judges. Opinion by Selya, Circuit Judge.
CounselFor Appellant: Paul J. Garrity
For Appellee: Michael J. Gunnison, Acting United States Attorney, and Aixa Maldonado-Quiñones, Assistant United States Attorney.
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