Brian Michael Gall (hereafter “Petitioner”) was convicted, on his guilty plea, in the U.S. District Court for the Southern District of Iowa, of conspiracy to distribute ecstasy and was sentenced to 36 months of probation. The government appealed, challenging the sentence. The Eighth Circuit Court of Appeals remanded for resentencing. Certiorari was granted.

Facts
In February or March 2000, petitioner Brian Gall, a second-year college student at the University of Iowa, was invited by Luke Rinderknecht to join an ongoing enterprise distributing a controlled substance popularly known as “ecstasy.” (Ecstasy is sometimes called “MDMA” because its scientific name is “methylenedioxymethamphetamine.”) Gall—who was then a user of ecstasy, cocaine, and marijuana—accepted the invitation. During the ensuing seven months, Gall delivered ecstasy pills, which he received from Rinderknecht, to other conspirators, who then sold them to consumers. He netted more than $30,000......

1. Summarize the facts of the case.

2. Summarize the arguments of the majority opinion, applying the Sixth Amendment right to trial by jury.

3. Summarize the arguments of the concurring and dissenting opinions, applying the Sixth Amendment right to trial by jury.

4. Should the right to trial by jury apply to sentencing? Back up your answer with details from the facts and opinions of the Court.

5. In your opinion, what is the “fair” punishment Gall deserves? Back up your answer with details from the facts and opinions of the Court.