U.S. v. McAllister, No. 00-4423 (4th Cir.) (272 F.3d 228) (November 8, 2001) (Judge William W. Jr. Wilkins)
To date, only one appellate court has held that the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000) rendered the Government’s principal drug enforcement statute, 21 U.S.C. § 841, facially unconstitutional. In U.S. v. Buckland, 259 F.3d 1157 (9th Cir. 2001), a divided panel from the ...
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