U.S. v. BUCKLAND

No. 99-30285.

277 F.3d 1173 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin Wayne BUCKLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2002.


Attorney(s) appearing for the Case

Zenon P. Olbertz, Law Office of Zenon Peter Olbertz, Tacoma, WA, for the defendant-appellant.

J. Douglas Wilson, United States Attorney's Office, San Francisco, CA, for plaintiff-appellee.

Arlen Storm, United States Attorney's Office, Seattle, WA, for plaintiff-appellee.

Benjamin L. Coleman, Federal Defenders of San Diego, Inc., San Diego, CA, amici curiae in support of the defendant-appellant.

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, amici curiae in support of the defendant-appellant.

Before: SCHROEDER, Chief Judge, HUG, REINHARDT, O'SCANNLAIN, TROTT, T.G. NELSON, KLEINFELD, TASHIMA, GOULD, PAEZ, and TALLMAN, Circuit Judges.


Argued and Submitted En Banc September 26, 2001 — San Francisco, California.

Opinion by Judge TROTT; Partial Concurrence and Partial Dissent by Judge HUG; Dissent by Judge TASHIMA.

OPINION

TROTT, Circuit Judge, with whom SCHROEDER, Chief Judge,

O'SCANNLAIN, KLEINFELD, GOULD, and TALLMAN, Circuit Judges, join. Circuit Judge T.G. NELSON joins except for Part IV B:

On June 26, 2000, the Supreme Court held in Apprendi v. New...

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