Legal Opinion

United States v. Padilla

Court of Appeals for the Ninth Circuit

Decided August 19, 2002No. 99-50629; D.C. No. CR 99-00186-ER-3Published

1Opinion of the Court

MEMORANDUM *

Santiago Padilla, Jr., (“Padilla”) appeals his conviction for conspiracy to distribute *287and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). He argues that the district court clearly erred in denying his request for a minor role reduction pursuant to § 8B1.2 of the United States Sentencing Guidelines. Padilla also argues that because the drug quantity was not submitted to the jury and proved beyond a reasonable doubt, his sentence was imposed in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).…

2Cases cited11 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Harris v. United StatesSupreme Court of the United States · 2002
  3. United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. Kayle NordbyCourt of Appeals for the Ninth Circuit · 2000
  5. United States v. Pantelis Antonakeas, AKA Alexx AntaeusCourt of Appeals for the Ninth Circuit · 2001

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