U.S. v. Kelly, No. 00-2705 (3rd Cir.) (272 F.3d 622) (December 5, 2001) (Per Curiam)
As most Apprendi-watchers know, on August 9, 2001, a divided panel from the Ninth Circuit issued a highly controversial ruling to the effect that 21 U.S.C. ยง 841(b)(1)(A) and (B), two of the main provisions of the most commonly used Federal drug statute, are facially unconstitutional under Apprendi v. New ...
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