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U.S. v. LIERO

No. 02-50026.

298 F.3d 1175 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Romero LIERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2002.

Attorney(s) appearing for the Case

Angela M. Krueger, Federal Defenders of San Diego, Inc., San Diego, CA, argued for the appellant.

Jennifer J. Detrani, Assistant United States Attorney, San Diego, CA, argued for the appellee. Patrick K. O'Toole, United States Attorney, San Diego, CA, and Bruce R. Castetter, Assistant United States Attorney, San Diego, CA, joined her on the brief.

Before KOZINSKI and FERNANDEZ, Circuit Judges, and KING, District Judge.

OPINION

KOZINSKI, Circuit Judge.

Liero appeals his nine-month sentence for violating conditions of his supervised release. We consider whether 21 U.S.C. § 960 and 18 U.S.C. § 3583(a), which require the imposition of a term of supervised release following a sentence of imprisonment, are unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

I

Liero...

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