United States v. Randle

ON PETITION FOR REHEARING AND REHEARING EN BANC

Before REYNALDO G. GARZA, JONES and EMILIO M. GARZA, Circuit Judges. EDITH H. JONES, Circuit Judge:

In July 2001, we vacated the appellant’s sentence in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). See United States v. Randle, 259 F.3d 319 (5th Cir.2001) (on remand from the Supreme Court). The United States filed a petition for rehearing and called into question this circuit’s application of the plain-error standard of review in federal drug cases where drug quantity had not been alleged in the indictment.…