United States v. Luis Obed Rios-Quintero

DeMOSS, Circuit Judge:

Luis Obed Rios-Quintero appeals his federal criminal convictions on charges that he possessed heroin with the intent to distribute the drug in violation of 21 U.S.C. § 841(a)(1) and that he imported heroin in violation of 21 U.S.C. §§ 952(a) and 960(a)(1). On appeal, Rios-Quintero argues that his convictions must be vacated because the district court treated the relevant quantity of heroin as a sentencing factor, rather than an as essential element of his drug trafficking offenses. The single issue presented for review is whether, in light of the Supreme Court’s recent…