US v. Jackson, No. 07-30981

Defendants' drug conspiracy and firearm possession convictions and sentences are affirmed where: 1) had the officers had reason to question the validity of the state search warrant pursuant to which they searched defendant's residence, or had there been no state search warrant, the officers nonetheless could have secured a search warrant and conducted the search that yielded the disputed evidence; 2) there was no Apprendi error where the district court determined the quantity of drugs under the preponderance of the evidence standard and sentenced defendant to a term of imprisonment within the statutory range authorized by the verdict; and 3) the particular attributes of a firearm were not actual elements of the firearm possession offense.

Read US v. Jackson, No. 07-30981

Appellate Information

Filed February 3, 2010

Judges

Opinion by Judge Garza