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U.S. v. VELASCO-HEREDIA

No. 00-50107.

249 F.3d 963 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo Daniel VELASCO-HEREDIA, aka Arturo Velasco-Heredia, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2001

Attorney(s) appearing for the Case

Debra Ann DiIorio, DiIorio and Hall, APC, San Diego, California, for the defendant-appellant.

Roger W. Haines, Jr., United States Attorney's Office, San Diego, California, for the plaintiff-appellee.

Before: STEPHEN S. TROTT, SIDNEY R. THOMAS, and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted January 10, 2001, Pasadena, California.

TROTT, Circuit Judge:

This case requires us to assess once again the effect of Apprendi v. New Jersey, 530 U.S. 466, 488, 120 S.Ct. 2348, 2362-63, 147 L.Ed.2d 435 (2000) on the federal drug statutes. 21 U.S.C. § 841 et seq. (West 2000). Specifically, we must consider whether the district judge erred by employing the preponderance of evidence standard...

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