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U.S. v. Sanchez-Cervantes, No. 98-35897 (9th Cir.) (282 F.3d 664) (March 1, 2002) (Judge Thomas G. Nelson)

Here the Ninth Circuit joined with the 4th, 8th and 11th Circuits in holding that the new rule of criminal procedure announced in Apprendi does not apply retroactively on initial collateral review, even when the judge determines the drug quantity.

Although a number of district courts have ruled to the ...

 

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