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U.S. v. Henderson, No. Crim.A. 2:99-00214-0 (S.D.W.Va.) (105 F.3d 523) (July 19, 2000) (Judge Cynthia Holcomb Hall)

Here the District Court held that the rule established by the Supreme Court in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) “mandates that in cases in which the government seeks increased penalties, the amount of drugs involved in a violation of section 841 is an element ...

 

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