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U.S. v. Brown, No. 01-1623 (7th Cir.) (276 F.3d 930) (January 10, 2002) (Judge Richard A. Posner)

Here the Court held that a provision in the "three strikes law" which requires the defendant to prove by clear and convincing evidence that his offense did not qualify as a serious violent felony did not violate due process in light of Apprendi.

In this case the defendant pled guilty ...

 

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