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U.S. v. Samuel, No. 01-3032 (D.C. Cir.) (296 F.3d 1169) (August 6, 2002) (Judge Merrick B. Garland)

Here the Court held that a sentence enhancement under U.S.S.G. ยง 2J1.7 did not violate Apprendi, where the fact that defendant was on release at the time of a second crime was neither proved to a jury nor specified in the plea agreement.

Section 2J1.7 of the Guidelines states: "If ...

 

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