United States v. James E. Johnson

A jury found James Johnson guilty of conspiracy to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. His first sentence was vacated and, at resentencing, the district court imposed a term of 210 months’ imprisonment and five years’ supervised release. Mr. Johnson now ap peals this sentence. He argues that the district court enhanced the sentence in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), when it calculated the drug quantity involved in the offense without submitting that issue to a jury. Mr.…