U.S. v. Kelly, No. CR. 00-0652-R (S.D.Cal.) (105 F.Supp.2d 1107) (July 14, 2000) (Judge John S. Sr. Rhoades)
In this case, District Judge Rhoades acknowledged that Apprendi required the Court to “revisit” the issue of whether 21 U.S.C. § 841(b) sets forth sentencing factors for the judge to decide or elements of the crime that must be proven to the jury beyond a reasonable doubt. However, “after exhaustive ...
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