United States v. Pettigrew, Craig

Opinion for the court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Appellant Craig Pettigrew contends that his 1997 drug convictions and sentence are unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because a judge rather than a jury determined the quantity of drugs involved in his crimes. Pettigrew, however, failed to raise this claim at trial or on direct appeal. As a consequence, we may not consider Pettigrew’s challenge on collateral review unless he shows “cause and prejudice” sufficient to overcome his procedural default. We…