U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (249 F.3d 963) (May 10, 2001) (Judge Stephen S. Trott)
Here the Court held that a sentence of supervised release in excess of the statutory maximum based on a determination of the quantity of drugs by a preponderance of the evidence was an Apprendi error that required vacating the entire sentence.
[After the defendant filed a petition for a rehearing ...
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