United States v. Miguel Longoria

Miguel Longoria appeals his sentence under the Supreme Court’s recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Persuaded that his sentence was beyond the jurisdiction of the district court to impose, we vacate his sentence and remand for resentencing.

Longoria' pled guilty to the charge of conspiracy to possess marijuana with intent to distribute. The indictment charging Longoria did not specify a quantity, but rather said only that the conspirators agreed to “possess with intent to distribute a quantity of MARIJUANA.” Longoria was sentenced to…