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U.S. v. NORRIS

Docket Nos. 01-1347L, -1357XAP.

281 F.3d 357 (2002)

UNITED STATES of America, Appellant-Cross-Appellee, v. Glen NORRIS, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 19, 2002.

Attorney(s) appearing for the Case

Nikki Kowalski, Asst. U.S. Atty., (Alan Vinegrad, U.S. Atty., Peter A. Norling, Asst. U.S. Atty., Brooklyn, NY, on the brief), for Appellant-Cross-Appellee.

David A. Lewis, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellee-Cross-Appellant.

Before JON O. NEWMAN and KEARSE, Circuit Judges, and RAKOFF, District Judge.

JON O. NEWMAN, Circuit Judge.

The primary issue on this sentencing appeal by the Government is whether Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), applies to enhancements, prescribed by the Sentencing Guidelines, that increase a defendant's sentence above the sentencing range applicable without the enhancements. If so, the facts supporting such enhancements...

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