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U.S. v. Jones, No. 00-2531 (7th Cir.) (245 F.3d 645) (March 28, 2001) (Judge Michael S. Kanne)

Here the Court held that where a defendant would be subject to a sentence enhancement anyway due to a prior felony drug conviction, and the current conviction is below the statutory maximum, Apprendi is inapplicable.

 

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