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U.S. v. Sanders, No. 00-6281 (4th Cir.) (247 F.3d 139) (April 13, 2001) (Judge J. Harvie III Wilkinson)

In this case, the Fourth Circuit joined with the Ninth Circuit (and a majority of the district courts) in holding that Apprendi does not apply retroactively to cases on collateral review, thus effectively overruling Darity v. U.S., 124 F.Supp.2d 355 (W.D.N.C. 2000).

This decision is particularly noted for Chief Judge ...

 

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