Rodriguez

Frank Rodriguez, Jose Ramon Lapra-da-Trevino, Pedro Hernandez and Roberta Hernandez appeal their convictions following a jury trial and sentences for drug dealing and money laundering. In a separate memorandum disposition filed with this opinion, we affirm the judgments of conviction. In this opinion, we address, the Apprendi issue raised by the sentences imposed.

PROCEEDINGS

Defendants were found guilty and sentenced as follows:

Pedro Hernandez Sentence

Count 1 Conspiracy to possess with intent to distribute and to distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1) & 846 and 18 U.S.C. § 2 . Life imprisonment

Count 2 Possession with intent to distribute and/or distribute over 100 kilograms of marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Life imprisonment

Count 3 Distribution of 6 to 8 pounds of marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . 10 years

Count 4 Distribution of 12 pounds of marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . 10 years

Count 6 Distribution of marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . 10 years

Count 6 Possession with intent to distribute and/or…