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U.S. v. TOLIVER

Nos. 01-10222, 01-10237.

351 F.3d 423 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony TOLIVER, aka T, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Anthony Brian Patterson, aka Brian Patterson, aka Little Ant, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2003.

Attorney(s) appearing for the Case

Gary L. Huss, Fresno, CA, for Defendant-Appellant Patterson.

Quin Denvir & Ann H. Voris, Federal Defender's Office, Fresno, CA, for Defendant-Appellant Toliver.

John K. Vincent & Kevin P. Rooney, U.S. Attorney's Office, Fresno, CA, for Plaintiff-Appellee United States.

Before EDWARD LEAVY, PAMELA ANN RYMER, and RICHARD A. PAEZ, Circuit Judges.

Argued and Submitted March 10, 2003 — San Francisco, California.

OPINION

PAEZ, Circuit Judge:

The Supreme Court's decision in Apprendi v. New Jersey requires that any fact that increases the maximum statutory sentence for a crime must be submitted to a jury, and proven beyond a reasonable doubt. Under 21 U.S.C. § 841(a), (b)(1), the maximum sentence for drug possession and distribution depends upon the quantity and type of drugs...

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