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U.S. v. MOSS

No. 99-3169.

252 F.3d 993 (2001)

UNITED STATES of America, Appellee, v. Darius M. MOSS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2001.

Attorney(s) appearing for the Case

W. Craig Howell, argued, Omaha, NE, for appellant.

Michael G. Heavican, Asst. U.S. Atty., argued, Omaha, NE (Thomas J. Monaghan, U.S. Atty., and Jill Lorenzen, Law Clerk, on the brief), for appellee.

Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Darius Moss appeals from the district court's1 denial of his initial motion pursuant to 28 U.S.C. § 2255 to set aside his sentence. Moss argues his 360-month sentence for drug law violations was imposed in violation of the rule announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because drug quantity was not charged in his indictment...

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