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U.S. v. GUEVARA

Docket No. 00-1133.

277 F.3d 111 (2001)

UNITED STATES of America, Appellee, v. Jorge GUEVARA, aka "Santa," Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: December 18, 2001.

Attorney(s) appearing for the Case

TIMOTHY J. COLEMAN, Assistant United States Attorney, New York, NY (Mary Jo White, United States Attorney for the Southern District of New York, Christine H. Chung, Assistant United States Attorney, on the brief), for Appellee.

RICHARD D. WILLSTATTER, Green & Willstatter, White Plains, NY, for Defendant-Appellant.

Before: JACOBS, CALABRESI, Circuit Judges, and RAKOFF, District Judge.

JACOBS, Circuit Judge.

Jorge Guevara appeals from the judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Martin, J.) after a jury trial. Guevara challenges his conviction on the following grounds: (1) under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), his due process and Sixth Amendment rights were violated when he was sentenced...

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