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U.S. v. Cleaves, No. 00-5854 (6th Cir.) (299 F.3d 564) (August 6, 2002) (Judge Martha Craig Daughtrey)

Here the Court held the failure to instruct the jury to determine the type of drug involved in a conspiracy did not violate Apprendi where evidence that defendant was involved in a conspiracy to distribute cocaine was overwhelming.

The defendant in this case was charged with conspiracy to distribute in ...

 

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