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U.S. v. Ochoa, No. 01-50324 (9th Cir.) (311 F.3d 1133) (November 21, 2002) (Judge Melvin Brunetti)

The "relevant conduct" provision of U.S.S.G. § 1B1.3 is not facially unconstitutional under Apprendi, and Apprendi does not apply to appellant's sentence because it did not exceed the statutory maximum for
the crime to which he pleaded guilty.

 

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