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U.S. v. LOPEZ

Nos. 99-4396; 00-3073.

309 F.3d 966 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Jesus LOPEZ (00-3073); Martin Souza (99-4396), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 29, 2002.

Attorney(s) appearing for the Case

Blas E. Serrano, Assistant United States Attorney (argued and briefed), Cleveland, OH, for United States.

Richard A. Cline (argued and briefed), Mitchell, Allen, Catalano & Boda, Columbus, OH, for Martin Souza.

Robert A. Ratliff (argued and briefed), Roberts, Shields, Green, Landry & Ratliff, Mobile, AL, for Joseph Jesus Lopez.

Before SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

OPINION

SILER, Circuit Judge.

Defendants Joseph Jesus Lopez and Martin Souza appeal their convictions and sentences arising out of a conspiracy to distribute cocaine. Both Lopez and Souza assert that their sentences violate Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the quantity of cocaine involved in the conspiracy was neither alleged in the indictment nor submitted to the...

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