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United States v. Cassius, 777 F.3d 1093 (10th Cir. Jan. 27, 2015) 

Jan 27, 2015

Defendant was convicted of various drug-trafficking offenses. For the purposes of sentencing, the trial court found defendant’s offenses included a higher quantity than the jury convicted him for and increased his sentence within the statutory range for the offenses the jury convicted him of. The Tenth Circuit affirmed the sentence based on the trial court’s finding, holding that as long as it does not alter the statutory sentencing range, the finding is not subject to the jury’s standard of beyond a reasonable doubt, and therefore, there is no error.