Golden Gate University Law Review


Adriano Hrvatin


The Nordby court held that a finding of drug quantity under 21 U.S.C. § 841(b) by the district court at sentencing pursuant to a preponderance of the evidence violated the Due Process Clause of the Fifth Amendment and the notice and jury-trial guarantees of the Sixth Amendment when drug quantity was used to increase the prescribed statutory maximum penalty. In requiring that drug quantity be submitted to the jury and proved beyond a reasonable doubt, the Ninth Circuit overruled nearly fifteen years of its own precedent.

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