United States v. Marc Milton Leachman

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant-Appellant Marc Milton Leachman appeals from the judgment entered on September 7, 2000, in the United States District Court for the Western District of Kentucky, sentencing him to 120 months following a guilty plea to four counts arising out of a home marijuana-growing operation, in violation of 21 U.S.C. §§ 841 and 846.

I. Introduction

On appeal, Leachman claims his sentence is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because his mandatory minimum sentencing range was determined by an amount…