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MURPHY v. U.S.

Nos. 01-1291, 01-1415.

268 F.3d 599 (2001)

Deshaun Raffles MURPHY, Petitioner—Appellee, v. UNITED STATES of America, Respondent—Appellant. Deshaun Raffles Murphy, Petitioner—Cross—Appellant, v. United States of America, Respondent—Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 12, 2001.

Attorney(s) appearing for the Case

James E. Lackner, Minneapolis, MN, for appellant.

Virginia G. Villa, Minneapolis, MN, for appellee.

Before LOKEN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The United States appeals from an order of the district court partially granting Deshaun Murphy's petition under 28 U.S.C. § 2255 (Supp. IV 1998) for collateral relief from his sentence. The district court held that Murphy's 1996 sentence for drug trafficking offenses violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the issues of drug quantity and...

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