U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent)
This decision will surprise a lot of Apprendi watchers. Here, the defendant, Gilbert Garcia, argued on his direct appeal that his five year term of supervised release was erroneous under Apprendi - but he never challenged his prison sentence of 97 months. On appeal, the Fifth Circuit not only agreed ...
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