U.S. v. Avery, No. 00-3262 (10th Cir.) (295 F.3d 1158) (July 9, 2002) (Judge David M. Ebel)
Here the Court rejected the defendant's contention that the failure of his indictment to allege all the essential elements of his crime constituted a jurisdictional defect under Apprendi requiring dismissal of his indictment.
The defendant appealed his conviction and sentence by the United States District Court for the District of ...
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