United States v. Hunt, No. 09-30334 (9th Cir. 2011)
Annotate this CaseDefendant was convicted of attempting to possess a controlled substance with the intent to distribute and sentenced to 180 months in prison. On appeal, defendant alleged that the district court erred under Apprendi v. New Jersey by sentencing him for attempted possession with intent to distribute an unspecified amount of cocaine even though he never admitted that he attempted to possess cocaine. The court held that the district court erred under Apprendi and, because defendant contested the fact that the drug he intended to possess was cocaine and because the record evidence was far from overwhelming, the court concluded that the Apprendi error in this case was not harmless.
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