United States v. Shemtov Michtavi

Shemtov Michtavi appeals his conviction and 240-month sentence for conspiracy to distribute Methylenedioxymethamphetamine (“MDMA”), or “Ecstasy,” in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. He contends that the district court erred by (1) admitting into evidence newspaper articles describing a drug bust and allowing his impeachment with these articles, and (2) enhancing his sentence based on a drug quantity that was not pled in the indictment, admitted by him, or proved to a jury beyond a reasonable doubt, in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct.…