Alaniz v. U.S., No. 02-2575 (8th Cir.) (351 F.3d 365) (December 9, 2003) (Judge David R. Hansen)
Here, as a matter of first impression for the Eighth Circuit, the Court joined with the Second, Fourth, Sixth and Seventh Circuits in holding that a second, uncharged drug type cannot be added to the charged drug type in order to trigger a higher quantity-based statutory penalty range.
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