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. § 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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