USA vs. Gonzalez, (5th Cir. 2001)
Linked as:
Text
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-41300 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTHONY GONZALEZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CR-110-3 October 25, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Anthony Gonzalez appeals the 235-month sentence and fiveyear term of supervised release imposed following his guilty plea to Count One of the superseding indictment. Gonzalez contends that the district court did not admonish him in accordance with Apprendi v. New Jersey , 530 U.S. 466, 490 (2000), that the quantity of methamphetamine was an element of the offense that the Government had to prove beyond a reasonable doubt. Gonzalez contends also that the district courtÂ’s finding that he did not withdraw from the conspiracy was clearly erroneous.
Apprendi requires the reversal of a conviction § 841(a)(1), 21 U.S.C. § 841(b)(1)(A), and 21 U.S.C. § 846. Section 841(b)(1)(A), 21 U.S.C., provides that a person convicted for involvement with 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine shall be imprisoned to a minimum term of ten yearsÂ’ imprisonment and a maximum term of life imprisonment.
Gonzalez§ 3559(a)(1); 18 U.S.C. § 3583(b)(1).
Gonzalez bore the burden of showing that the information on which the court relied at sentencing is “materially untrue.” See United States v. Ocana , 204 F.3d 585, 593 (5th Cir. 2000) (internal quotation and citation omitted). Gonzalez has not shown that the district court’s determination of his credibility and its finding that he did not withdraw from the conspiracy were clearly erroneous. See Ocana , 204 F.3d at 593; United States v. Hill , 42 F.3d 914, 916 (5th Cir. 1995). Accordingly, the judgment of the district court is AFFIRMED.
No. 00-41300
Sponsored links
This document cites
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 3583 - Sec. 3583. Inclusion of a term of supervised release after imprisonment
- US Code - Title 21: Food and Drugs - 21 USC 846 - Sec. 846. Attempt and conspiracy
- US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Flora Alicia Ocana, Defendant-Appellant., 204 F.3d 585 (5th Cir. 2000)
- U.S. Supreme Court - Apprendi v. New Jersey, 530 U.S. 466 (2000)
See other documents that cite the same legislation
