United States v. Tosh

MEMORANDUM OPINION

HEYBURN, District Judge.

Defendant Jerry Glenn Tosh (“Tosh”) moves the Court to correct his 1985 sentence pursuant to Federal Rule of Criminal Procedure 35(a); United States v. Dale, 178 F.3d 429 (6th Cir.1999) and 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). Defendant argues that under these decisions his ten year sentence — which exceeds the statutory maximum sentence for a 1982 crime involving only marijuana 1 — is illegal because his jury returned only a general verdict of guilty and did not use a…