Opinion by Judge CANBY; Dissent by Judge REINHARDT.
CANBY, Circuit Judge:
In this case we are called upon to apply the Supreme Court's recent decision in Apprendi v. New Jersey, ___ U.S. ___, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Apprendi held that a fact that increases the prescribed statutory maximum penalty to which a criminal defendant is exposed must be submitted to a jury and proven beyond a reasonable doubt. Id. at 2362-63. We...
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