United States v. Anthony Toliver, AKA T, United States of America v. Anthony Brian Patterson, AKA Brian Patterson, AKA Little Ant

The Supreme Court’s decision in Apprendi v. New Jersey requires that any fact that increases the maximum statutory sentence for a crime must be submitted to a jury, and proven beyond a reasonable doubt. Under 21 U.S.C. § 841 (a), (b)(1), the maximum sentence for drug possession and distribution depends upon the quantity and type of drugs involved. In this case, we consider the consequences when a district court properly complies with Apprendi by instructing the jury to return special findings on the quantity and drug type, but the jury, although finding the defendants guilty of conspiracy and attempt to possess and distribute a controlled substance, is unable to reach a verdict on the questions of drug type and quantity. In these circumstances, we conclude that the defendants are not entitled to an acquittal, that the government was not required to charge a lesser-included quantity offense, and that the district court could appropriately determine the type and quantity, of drugs involved in the offense for purposes of applying the Sentencing Guidelines so long as the court did not impose a sen tence that exceeded the statutory maximum sentence authorized by the jury’s…