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U.S. v. Nance, No. 00-1836 (7th Cir.) (236 F.3d 820) (December 29, 2000) (Judge Diane P. Wood)

Here the Court held that, under Apprendi, before a defendant can be sentenced above the default statutory maximum, the drug quantity must be charged in the indictment and found by the jury - although it also held the claim was waived in this case.

In this case, the Seventh Circuit ...

 

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