U.S. v. Smith, No. 03-4829 (4th Cir.) (441 F.3d 254) (March 21, 2006) (Judge William W. Jr. Wilkins)
Sitting by designation, District Judge Dever dissents from the portion of the opinion upholding a defendant’s life sentence based on the quantity of drugs involved in the crime. As the quantity of drugs involved was determined by the judge, not the jury, the sentence runs afoul of the Supreme Court’s ...
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