Reseña de United States V. Page

United States V. Page de Sixth Circuit U.S. Court of Appeals Resumen del Libro

KATZ, District Judge. Defendants were charged with conspiracy to distribute and to possess with the intent to distribute cocaine base (crack). In addition, defendants Powers, Linton, and Hill were charged in substantive counts with distribution of cocaine base. They were each convicted on all counts with which they were charged. They raise numerous issues on appeal, most of which do not merit publication under Rule 206(a) of the Sixth Circuit Court of Appeals. In this opinion, we address only the following issues: (1) whether the district court erred when it declined to suppress statements and dismiss the indictment based upon alleged violations of the consular notification provisions of the Vienna Convention; (2) where a defendant is convicted of conspiracy to distribute, whether the defendant's drug purchases for personal use are relevant in determining the quantity of drugs that the defendant knew were distributed by the conspiracy; and (3) whether defendants' sentences are improper in light of Apprendi v. New Jersey, 120 S. Ct. 2348 (2000). All other issues raised by defendants are addressed and decided in an unpublished appendix to this opinion. For the following reasons and the reasons stated in the unpublished appendix, we affirm the convictions of defendants and affirm the sentences of defendants Linton, Hill, and Powers. However, we vacate defendant Page's sentence and remand for resentencing.

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