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U.S. v. Cespedes, No. 95-9261 (11th Cir.) (151 F.3d 1329) (September 25, 1998) (Judge Stanley Marcus)

In a case of first impression the Court held that the sentence enhancement provisions of 21 USC § 851, which authorize the prosecutor to file notice of intent to increase sentences based on prior crimes, does not improperly delegate legislative power.

 

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