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McCoy v. U.S., No. 00-16434 (11th Cir.) (266 F.3d 1245) (September 25, 2001) (Judge Frank May Hull)

Here the Court held that an Apprendi error in failing to set forth drug quantity in the indictment is not a jurisdictional defect and thus may be waived; and it is subject to the Teague rule against retroactive application in habeas cases.

In this case, the Eleventh Circuit held that ...

 

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