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U.S. v. MARTINEZ

No. CRIM.02-10018-NG.

234 F.Supp.2d 80 (2002)

UNITED STATES of America v. Ellis MARTINEZ, Defendant.

United States District Court, D. Massachusetts.

December 12, 2002.

Attorney(s) appearing for the Case

Stephen M. Ouellette, Cianciulli & Ouellette, Beverly, MA, for Plaintiff.

Ruth Ann Lowery, Environmental and Natural Resources, Wildlife and Marine Section, Washington, DC, for Defendants.

MEMORANDUM AND ORDER RE: DEFENDANT'S MOTION TO DISMISS COUNT III OF THE INDICTMENT

GERTNER, District Judge.

I. INTRODUCTION

This case involves yet another application of the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), one not yet addressed by the existing law in this Circuit. Apprendi confirmed and expounded...

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