U.S. v. Santiago, No. 98-1674 (2nd Cir.) (268 F.3d 151) (October 15, 2001) (Judge Sonia Sotomayor)
In this case the court held that Apprendi's recidivism exception encompasses the issue of whether prior convictions arose from offenses "committed on occasions different from one another." (Id., at 155.) The court first reasoned that "the separateness of the convictions is not a fact which is different in kind from ...
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