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ROBINSON v. U.S.

No. 00CIV7493 (LAK). 97 Cr. 1192(LAK).

129 F.Supp.2d 627 (2001)

James ROBINSON, Movant, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

January 29, 2001.

Attorney(s) appearing for the Case

David L. Lewis, Lewis & Fiore, New York City, for movant.

Mark L. Mukasey, Assistant United States Attorney, Mary Jo White, United States Attorney, for U.S.

MEMORANDUM OPINION

KAPLAN, District Judge.

This Section 2255 motion purports to raise the question whether Apprendi v. New Jersey1 requires that a fact that triggers the applicability of a mandatory minimum sentence be determined by a jury beyond a reasonable doubt. Given the nature of the evidence at trial, however, any error in failing to submit that fact to the jury2 was harmless.

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