Golden Gate University Law Review


Brian Feinberg


In United States v. Buckland, the defendant appealed his drug conviction, arguing that the penalty provisions of the federal drug statute under which he was convicted and sentenced was facially unconstitutional. In light of the United States Supreme Court's ruling in Apprendi v. New Jersey, the primary issue was whether Calvin Wayne Buckland's sentence could be enhanced without the enhancement factor, in this case the quantity of the drugs he was responsible for, being determined by a jury. After rehearing the case en banc, the court concluded that the statute was not unconstitutional on its face. However, the court concluded that the district court erred in failing to submit to the jury a determination as to the quantity of drugs in Buckland's possession. The court, though, ruled that this error did not affect Buckland's substantial rights and affirmed his sentence.

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