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U.S. v. Henry, No. 01-2486 (3rd Cir.) (282 F.3d 242) (March 4, 2002) (Judge Edward R. Becker)

Here the Court held that where a defendant in a drug case entered a pre-Apprendi plea to a “generic crime of possession of a drug with intent to distribute,” he retained the right to have the jury determine the identity and quantity of the drugs.

This is an intriguing decision …

 

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