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U.S. v. Smith, No. 99-40844 (5th Cir.) (264 F.3d 518) (August 28, 2001) (Per Curiam)

Here, in remand from the Supreme Court, the 5th Circuit held that the district court plainly erred when it failed to submit to the jury drug quantity as an element of the offense and require the jury the make that determination beyond a reasonable doubt.

 

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