United States v. Saikaly

BATCHELDER, Circuit Judge.

Defendant Mansour Saikaly appeals the 240-month sentence of incarceration imposed for his conviction on one count of conspiracy to traffic in cocaine, arguing that the sentence violates the rule announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Because we find Saikaly’s sentence comports with the rule of Apprendi as explained in Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), we will affirm the sentence.

BACKGROUND

This is the third incarnation of Mr. Saikaly’s appeal to this court. Our opinion…