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U.S. v. Echavarria-Escobar, No. 00-10570 (9th Cir.) (270 F.3d 1265) (October 18, 2001) (Judge Kim McLane Wardlaw)

Here, in rejecting the defendant's argument that Apprendi v. New Jersey, 530 U.S. 466 (2000) requires a jury to determine the fact of a prior conviction as an essential element of an illegal reentry charge (in violation of 8 U.S.C. § 1326), the Court stated:

"Echavarria's argument is foreclosed by ...

 

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