U.S. v. Krieger

Dist. Ct. did not err in sentencing defendant to 20-year term of incarceration on charge of distributing divers amounts of fentanyl under 21 USC section 841(b)(1)(C) after finding under preponderance of the evidence standard during sentence phase of trial that defendant’s conduct resulted in death of individual to whom defendant had given said drug. While defendant argued that instant sentence violated Apprendi since fact that death resulted from distribution of fentanyl was element of offense that required jury finding under reasonable doubt standard, Ct. observed that instant sentence was proper since: (1) “death resulting” language was contained in penalties (as opposed to elements) section of section 841(b); and (2) prior case law defined considerations contained in section 841(b) as sentencing factors where, as here, instant 20-year sentence was not beyond statutory maximum for charged offense.