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U.S. v. Nealy, No. 99-15211 (11th Cir.) (232 F.3d 825) (November 7, 2000) (Judge James Larry Edmondson)

Here the defendant received thirty-two years of imprisonment on a count of possession of 14.8 grams of cocaine base. He requested a jury instruction on quantity at trial, which was denied, and raised the issue again at sentencing. The Eleventh Circuit found Apprendi error, but also found it to be …

 

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