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U.S. v. Cernobyl, No. 00-7033 (10th Cir.) (255 F.3d 1215) (June 29, 2001) (Judge David M. Ebel)

Here the defendant first argued that the Supreme Court's decision in Apprendi v. New Jersey rendered 21 U.S.C. § 841 facially unconstitutional. In rejecting that claim, the Court stated: "We note that the Fourth, Fifth, and Eleventh Circuits have considered this question and concluded that § 841 remains constitutionally viable, ...

 

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