United States v. Garcia-Guizar

CANBY, Circuit Judge:

Conrado Garcia-Guizar appeals from his resentencing by the district court pursuant to his conviction on four drug counts under 21 U.S.C. § 841 and one count of criminal forfeiture under 21 U.S.C. § 853(a)(1). We affirm.

Two major questions are presented. First, the district court’s finding of drug quantity under 21 U.S.C. § 841(b)(1), which was made at sentencing under a preponderance-of-the-evidence standard, was error under Apprendi v. New Jersey, _ U.S. _, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it increased the statutory maximum sentence beyond that which the…