U.S. v. Garcia, No. 00-1408 (2nd Cir.) (240 F.3d 180) (February 20, 2001) (Judge Jon O. Newman)
The issue addressed in this case was “whether [under Apprendi] a jury, rather than a sentencing judge, must find a sentencing fact that affects only a Guidelines sentencing range within a statutory maximum, but has no bearing on sentencing above a statutory maximum, and does not trigger a mandatory minimum.” ...
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