Gibson v. United States

Defendant-Appellant Larry Gibson ("Gibson") appeals from his conviction of one count of manufacturing marijuana and one count of possession of marijuana with intent to distribute, both in violation of 21 U.S.C. § 841(a)(1), and from the sentence he received pursuant thereto. Gibson assigns error to: (1) the district courts admission into evidence of an inculpatory statement allegedly made by Gibsons co-defendant, Edwin W. Sellers ("Sellers"); (2) the courts determination that Gibson was subject to a mandatory minimum sentence; (3) a comment by the district judge that Gibson claims coerced a hasty verdict; (4) the courts application of a two-level sentence enhancement, pursuant to U.S.S.G. § 3C1.1; and (5) the alleged violation by government witnesses of the courts sequestration order. For the following reasons, the Court AFFIRMS Gibsons conviction, but VACATES his sentence and REMANDS to the district court for resentencing in light of Apprendi v. New Jersey, 530 U.S. 466 (2000).