Source: cases/21usc841/f3d-250-462-us-v-strayhorn.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_250/0462_01/index.html
Already, we have held, pursuant to Apprendi, that the government must name in the indictment the quantity of drugs for which it seeks to hold the defendant responsible under 21 U.S.C. § 841(a), and that the determination of drug quantity under § 841(b) must, when it subjects the defendant to an enhanced sentence, be considered an element of the offense rather than a sentencing factor.
Because the district court’s factual finding of drug quantity by a preponderance of the evidence transformed the crime to which the defendant pleaded guilty (conspiracy to possess less than fifty kilograms of marijuana punishable by a maximum ten-year sentence) into a greater crime for the purposes of sentencing (conspiracy to possess over 100 kilograms of marijuana punishable by a mandatory minimum ten-year sentence), the district court’s finding violated Strayhorn’s Fifth and Sixth Amendment rights.
casedsl 1.2 # author: Flash2 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f3d/250/0462-01 name United States v. Strayhorn cite 250 F.3d 462 (2001) court United States Court of Appeals for the Sixth Circuit date 2001-05-22 url catalog/cases/f3d/volume_250/0462_01/index.html source ir/caselaw/f3d_250.jsonl sha1=f77b288b9f5a64a39695cc9c6d2e7f1d1fbc59eb chars=28321 opinion maj : majority by Moore @8..28321 controlling law 21usc841 (b)(1)(B),(b)(1)(D) role applied posture criminal; guilty plea to a § 846 conspiracy to possess with intent to distribute and to distribute "a measurable quantity" of marijuana; defendant appeals the 120-month mandatory minimum imposed under § 841(b)(1)(B) on the district judge's preponderance finding of drug quantity (Apprendi); sentence vacated and remanded for resentencing result claimant-lost ? other: result is recorded for the § 841(b)(1)(B) quantity tier, the only § 841 question on appeal; the conspiracy conviction on the guilty plea stands element quantity : not-satisfied [law] route jury-finding-of-threshold pattern judge-found-quantity-raises-max-to-mandatory-minimum-after-guilty-plea fact @8179..8368 [supports] | The court noted that Phillips had testified that he purchased or was “fronted” approximately 260 pounds of marijuana from Strayhorn, in addition to the 88 pounds which were actually seized. fact @4041..4273 [cuts-against] | While acknowledging his guilt for the amount of marijuana seized from his home and from co-defendant Phillips, he explicitly denied responsibility for any additional marijuana for which the government sought to hold him responsible. fact @22262..22403 [cuts-against absent] | Strayhorn never pleaded guilty to the elements of the offense under § 841(b)(1)(B) nor were they charged or proved beyond a reasonable doubt. rule @15360..15747 | Already, we have held, pursuant to Apprendi, that the government must name in the indictment the quantity of drugs for which it seeks to hold the defendant responsible under 21 U.S.C. § 841(a), and that the determination of drug quantity under § 841(b) must, when it subjects the defendant to an enhanced sentence, be considered an element of the offense rather than a sentencing factor. held @25068..25574 | Because the district court’s factual finding of drug quantity by a preponderance of the evidence transformed the crime to which the defendant pleaded guilty (conspiracy to possess less than fifty kilograms of marijuana punishable by a maximum ten-year sentence) into a greater crime for the purposes of sentencing (conspiracy to possess over 100 kilograms of marijuana punishable by a mandatory minimum ten-year sentence), the district court’s finding violated Strayhorn’s Fifth and Sixth Amendment rights. gloss Sentence vacated under Apprendi: a judicial finding of 100+ kilograms of marijuana by a preponderance, moving the defendant from a 10-year maximum under § 841(b)(1)(D) to a 10-year mandatory minimum under § 841(b)(1)(B), is an element that must be charged and proved beyond a reasonable doubt even after a guilty plea. The quantity was never found to the required standard; on remand the district court may find it beyond a reasonable doubt or resentence under (b)(1)(D). element substance : satisfied [conceded] route _whole pattern marijuana-seized-and-admitted-by-plea fact @2164..2370 [supports] | From the information gleaned from these recordings, federal agents executed a search at Strayhorn’s residence on January 17, 1998, where they recovered 48 pounds of marijuana, $3,000 in cash, and a handgun. gloss Marijuana; the defendant accepted responsibility for the 88 pounds seized. element prior-conviction : satisfied [conceded] route _whole pattern single-prior-felony-drug-conviction fact @6389..6502 [supports] | Strayhorn’s criminal history category was determined to be level III, which included a prior felony drug offense. gloss Uncontested. The prior felony drug conviction set the default statutory maximum at 10 years under § 841(b)(1)(D), the baseline against which the Apprendi error was measured. element knowledge : not-reached