United States v. Lynch

MEMORANDUM **

Scott Leonard Lynch appeals the 110-month sentence imposed by the district court following his conviction by a jury for conspiracy to distribute and distribution of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 .

In challenging the validity of his sentence, Lynch advances several contentions. First, he contends that the indictment was insufficient in two respects: (1) it misidentified the distribution offense by describing methamphetamine as a Schedule III drug; and (2) it failed to set forth an essential element of the offense, specifically drug quantity. Then Lynch contends that because the omitted element, drug quantity, effects the prescribed statutory maximum penalty, any sentence under 21 U.S.C. § 841 (b)(1)(A), (B) or (c) is unlawful under Apprendi v. New Jersey. 1 Lynch further contends that the district court violated Apprendi by imposing sentence based on the finding of a drug quantity not submitted to the jury. We address each contention in turn.

Standard of Review

The sufficiency of an indictment is a question of law which we review de novo. 2 Whether the district court…