U.S. v. Gatewood, No. 98-5138 (6th Cir.) (230 F.3d 186) (October 10, 2000) (Judge Boyce F. Jr. Martin)
Here a majority of the Court - over the strong dissent of Judge Merritt - held that a provision of the "three strikes" statute requiring the defendant to disprove his eligibility for a life sentence was constitutional and that Apprendi did not apply.
Last year, in U.S. v. Gatewood, 184 ...
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