The court of appeals vacated a judgment of the district court and remanded for resentencing. The court held that where a defendant who pleaded guilty to attempted possession of a controlled substance did not admit that the substance was cocaine, and the government did not prove that fact beyond a reasonable doubt to a jury, that fact could not be used to increase the defendant’s maximum statutory sentence.
After police found a Federal Express package containing a kilogram of cocaine through use of a drug-sniffing dog, an undercover officer delivered the package, resealed, to an apartment. A woman signed for the package and put it in the trunk of a car. Sometime later, investigators observed Stacy Hunt take the package from the car and then leave with another man in a Ford Explorer.
