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SAN-MIGUEL v. DOVE

Nos. 01-6115, 01-6253.

291 F.3d 257 (2002)

Carlos Pagan SAN-MIGUEL, Petitioner-Appellant, v. Dan L. DOVE, Warden of FCI-Edgefield; United States of America, Respondents-Appellees. Calvin Tyrone Young, Petitioner-Appellant, v. Joyce K. Conley, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 2002.

Attorney(s) appearing for the Case

ARGUED: Kelley Brooke Snyder, Student, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellants. Demetra Daniel Lambros, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Neal L. Walters, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellants. J. Strom Thurmond, Jr., United States Attorney, Ann Agnew Cupp, Assistant United States Attorney, Kasey Warner, United States Attorney, Michael L. Keller, Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellees.

Before WILKINSON, Chief Judge, KING, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge HAMILTON joined.

OPINION

WILKINSON, Chief Judge.

Petitioners Carlos Pagan San-Miguel and Calvin Tyrone Young brought petitions for writs of habeas corpus under 28 U.S.C. § 2241 contending that their sentences for drug trafficking were illegal under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct....

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