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U.S. v. Mojica-Baez, No. 98-2349 (1st Cir.) (229 F.3d 292) (August 30, 2000) (Judge Sandra L. Lynch)

Here the Court held that harmless error analysis applies to the failure to allege an element of a crime in the indictment - a ruling that is in conflict with pre-Apprendi decisions from the Third, Fourth, Ninth, and Tenth Circuits.

The Supreme Court’s discussion in Apprendi v. New Jersey, 120 ...

 

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