Tenth Holds Line on Applicability of Apprendi to Prior Convictions
U.S. v. Holyfield, --- F.3d ----, 2007 WL 970152(10th Cir. April 3, 2007)
10th rejected D’s Apprendi claim that the court violated his 6A right to a jury trial by determining without a jury trial that he had been convicted of two prior drug trafficking offenses (he had pleaded guilty to those offenses), thus requiring imposition of mandatory life on his current drug conspiracy conviction. First, even if Apprendi is deemed to apply to prior convictions, D’s argument fails because life was the statutory maximum for D’s conviction and the judge did not sentence beyond the maximum. For the same reason, D’s argument fails that the jury was required to determine issues regarding his recidivism, since one of his earlier convictions, from 1998, overlapped with the time period of the drug conspiracy for which he was convicted (1996 to 2000).
10th rejected D’s Apprendi claim that the court violated his 6A right to a jury trial by determining without a jury trial that he had been convicted of two prior drug trafficking offenses (he had pleaded guilty to those offenses), thus requiring imposition of mandatory life on his current drug conspiracy conviction. First, even if Apprendi is deemed to apply to prior convictions, D’s argument fails because life was the statutory maximum for D’s conviction and the judge did not sentence beyond the maximum. For the same reason, D’s argument fails that the jury was required to determine issues regarding his recidivism, since one of his earlier convictions, from 1998, overlapped with the time period of the drug conspiracy for which he was convicted (1996 to 2000).
posted by Anonymous at 9:50 AM
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