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U.S. v. CIRRILLO-DAVILLA

No. 4:00CR3017.

124 F.Supp.2d 1140 (2001)

UNITED STATES of America, Plaintiff, v. Saul CIRRILLO-DAVILLA and Guillermo Franco-Martinez, Defendants.

United States District Court, D. Nebraska.

January 10, 2001.

Attorney(s) appearing for the Case

David W. Stempson, Assist. U.S. Atty., Lincoln, Ne, for Plaintiff.

Thomas R. Lamb, Anderson, Creager Law Firm, Lincoln, NE, for Franco-Martinez.

Jerry L. Thomas, Federal Public Defender's Office, Omaha, NE, John C. Vanderslice, Federal Public Defender's Office, Lincoln, NE, for Cirrillo-Davilla.

MEMORANDUM AND ORDER

KOPF, District Judge.

This case raises the question of what a sentencing judge should do when confronted with a drug quantity stipulation that may be too low. To make the issue more complex, if the judge tries to determine the truth, questions arise under Apprendi.1 I will address all these questions next.

I. Background

Defendants, Saul Cirrillo-Davilla (Davilla) and Guillermo Franco...

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