United States v. Samuel, Leon A.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The sentence imposed by the district court in this case included an upward adjustment because the defendant, Leon Samuel, committed an offense while on release for another crime. Samuel contends that this sentencing enhancement violated the rule, announced by the Supreme Court in Apprendi v. New Jersey, that “any fact thht increases the penalty for a crime beyond the statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” 530 U.S. 466, 490, 120 S.Ct. 2348, 2362-63, 147 L.Ed.2d 435 (2000).…