United States v. Andre Jones

SYKES, Circuit Judge.

This armed bank robbery case raises the issue of whether the imposition of a mandatory minimum sentence based upon judicial fact-finding remains constitutional after United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The defendant also argues that the district court’s jury instructions constructively amended the indictment and that the evidence was insufficient to convict him.

We affirm. In Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), the Supreme Court held that the rule of Apprendi v. New Jersey, 530 U.S. 466, 120…