United States v. Allen Ray Jordan

Allen Ray Jordan was convicted by a jury on three counts of offenses involving the illegal manufacture of methamphetamine. Jordan appeals, arguing that the district court erred when it: (1) imposed life sentences on two counts in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 485 (2000); (2) enhanced his sentence under U.S.S.G. § 3Bl.l(a) for his leadership role in the offense; (3) denied his motion to suppress; and (4) rejected his motion to reopen the motion to suppress.

We hold that Jordan’s life sentence was imposed in violation of Apprendi We also hold that the leadership role enhancement was clearly erroneous. We affirm denial of Jordan’s motions seeking to suppress key evidence. We affirm Jordan’s conviction, vacate Jordan’s sentence, and remand to the district court for resentencing.

I.

This tale of criminal mischief begins in August 1996, when Paula Bolton, a confidential informant seeking the government’s favor in another criminal case, gave information to California law enforcement about a methamphetamine laboratory located on a rural property leased to Jordan. Soon thereafter, a search warrant was issued for Jordan’s…