Guilty plea to indictment charging specific drug quantity constitutes admission of drug quantity fact sufficient for use at sentencing

SENTENCING United States v. Marshall, No. 04-2301, ___ F.3d ___ (10th Cir. Dec. 23, 2005)(New Mexico). Appeal of sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). HELD: Defendant’s guilty plea to indictment charging possession of 50 grams of methamphetamine with intent to distribute constituted admission to all elements of charged offense. Thus, district court’s use of 50 gram quantity for sentencing calculation under federal sentencing guidelines was not improper sentencing based on use of judge-found facts in violation of United States v. Booker, 534 U.S. 220, 125 S. Ct. 738 (2005). Read the opinion here.