United States v. Phillip D. Banks

Phillip D. Banks appeals his sentence following our remand of this case for re-sentencing. Previously, in United States v. Bradford, 246 F.3d 1107, 1111-12, 1115 (8th Cir.2001), we affirmed Banks’s jury convictions for conspiracy to distribute a controlled substance and distribution of a controlled substance, but remanded the case to the District Court -for resentencing in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). At Banks’s initial sentencing, the District Court imposed a mandatory minimum sentence of twenty years…