Levine
United States v. Levine
Opinion
Lead Opinion
MEMORANDUM ***
On December 23, 1998, Levine pleaded guilty to count 1 of indictment CR 98-865, conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 846 , 841(a)(1), and count 2 of indictment CR 98-864, possession of counterfeit securities of an organization in violation of 18 U.S.C. § 513 (a). Although the Sentencing Guidelines identified a sentencing range of 87-108 months imprisonment on the drug count, the district court imposed the ten-year mandatory minimum sentence required by 21 U.S.C. § 841 (b)(1)(A) for offenses involving 100 grams or more of methamphetamine. 1 Levine was sentenced to 120 months imprisonment on each count, to run concurrently, five years supervised release, and a special assessment of $200. Levine appeals his sentence.
Levine contends: (1) application of the ten-year statutory minimum based on the quantity of methamphetamine was improper under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); and (2) the district court erred by sentencing him to 120 months on the possession of counterfeit securities count. Because Levine failed to object in the district court to his sentence, we review for plain error,…