Rodriguez
United States v. Rodriguez
Opinion
Lead Opinion
Noonan, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed on August 28, 2001 is amended as follows:
Substitute the following:
With these amendments, the panel has voted to deny the petition for rehearing. Judges Tashima and Tallman voted to reject the petition for rehearing en banc and Judge Noonan recommended rejection of the petition for rehearing en banc.
The full court has been advised of the petition for en banc rehearing, and no judge of the court has requested a vote on *762 the petition for rehearing en banc. Fed. R.App. P. 35(b).
The petition for rehearing is DENIED, and the petition for rehearing en banc is REJECTED.
OPINION
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…