United States v. Padilla

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
FEB 6 2002
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 00-5128
(D.C. No. 99-CR-66-C)
ARMANDO PADILLA, (N.D. Okla.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before TACHA , Chief Judge, PORFILIO , Circuit Judge, and BRORBY , Senior
Circuit Judge.
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties’ request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Appellant Armando Padilla pled guilty to a single count of distribution of
an unspecified amount of methamphetamine. Based on its findings regarding the
quantity of drugs involved, the district court sentenced him to over twenty-four
years’ imprisonment, in excess of the statutory maximum of twenty years
established by 21 U.S.C. § 841(b)(1)(C). Mr. Padilla argues on appeal that his
sentence violates Apprendi v. New Jersey , 530 U.S. 466, 490 (2000), which
requires that “any fact that increases a penalty for a crime beyond the prescribed
statutory maximum must be submitted to a jury, and proved beyond a reasonable
doubt.” The government concedes this error and agrees that Mr. Padilla’s
sentence should be reversed and the case remanded for resentencing.
Accordingly, the judgment of the United States District Court for the
Northern District of Oklahoma is REVERSED, and the matter is REMANDED
for resentencing.
Entered for the Court
Deanell Reece Tacha
Chief Judge
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