Jury's drug quantity finding for conspiracy sets maximum sentence for individual coconspirators

TRIAL/SENTENCING United States v. Stiger, No. 03-5043, ___ F.3d ___ (10th Cir. Jun. 30, 2005)(N.D. Oklahoma). Opinion on rehearing of appeal of conviction and sentence for conspiracy to distribute drugs in violation of 21 U.S.C. § 846. HELD: (1) District court abused discretion by failing to hold evidentiary hearing into defendant’s nonfrivolous allegation that he had prior attorney-client relationship in substantially related matter with attorney who represented coconspirator at trial. (2) In drug conspiracy context, jury finding of drug quantity for conspiracy as whole sets maximum sentence that each coconspirator might be given. Because attribution of drug amounts to individual coconspirators cannot increase their maximum sentence, judge may determine drug quantity attributable to that defendant and sentence him or her accordingly so long as sentence falls within statutory maximum made applicable by jury’s conspiracy-wide drug quantity determination. This practice comports with Supreme Court’s decisions in Apprendi v. New Jersey and United States v. Booker because jury sets applicable “statutory maximum” by determining type and quantity of drugs attributed to conspiracy as whole while judge’s findings have effect only of potentially decreasing individual defendant’s sentence. Read the opinion here.