Jordan

United States v. Jordan

Good Law
88 F. App'x 247
United States Court of Appeals for the Ninth CircuitFebruary 24, 2004No. 03-10023; D.C. No. CR-96-00475-1-FCDCalifornia582 words

Opinion

Lead Opinion

MEMORANDUM **

Allen Ray Jordan appeals his sentence of 360 months’ imprisonment, alleging that it violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). The district court sentenced Jordan to 240 months for conspiracy to manufacture methamphetamine, 60 months for *248 attempt to manufacture methamphetamine, and 60 months for maintaining a place for the manufacture of methamphetamine. The sentences were imposed consecutively in order to reach Jordan’s sentencing range of 360 months to life, as calculated under the United States Sentencing Guidelines.

The district court’s application of the Sentencing Guidelines is reviewed de novo. United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir.2003). The district court’s findings of fact are reviewed for clear error. United States v. Bynum, 327 F.3d 986, 993 (9th Cir.2003).

First, Jordan argues that he cannot be sentenced to a term of imprisonment exceeding the statutory maximum for each count because drug quantity was not charged and proved to a jury. This argument is without merit. The district court properly followed U.S.S.G. § 5G1.2(d) by imposing consecutive sentences on each conviction to reach…

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