Sentencing of a defendant convicted of various drug-trafficking is affirmed where: 1) as long as defendant's sentence comes within the maximum established by the jury's verdict, a sentencing court's preponderance-of-the-evidence factfinding on the issue of drug quantity, even though it may pave the way for a stiffer sentence within that maximum, does not violate the Apprendi principle, and thus not constitutionally improvident; 2) the district court did not commit clear error in determining the quantity of drugs attributable to the defendant as it is supported by a sensible view of the record and rested on permissible approximations.
Appeal from the United State District Court for the District of New Hampshire
Decided August 21, 2009
For Appellant: Paul J. Garrity
For Appellee: Michael J. Gunnison, Acting United States Attorney, and Aixa Maldonado-Quiñones, Assistant United States Attorney.