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U.S. v. Austin, No. 00-2933 (8th Cir.) (255 F.3d 593) (June 18, 2001) (Judge Paul A. Magnuson)

Here the Court held that any Apprendi challenge to the imposition of a two-level leadership enhancement was "categoricaly barred" where that enhancement did not lead to the imposition of a sentence above the prescribed statutory maximum.

 

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