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WILLIAMS v. HAVILAND

No. 05-3986.

467 F.3d 527 (2006)

Samuel Lee WILLIAMS, Petitioner-Appellee, v. James HAVILAND, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2006.

Attorney(s) appearing for the Case

ARGUED: M. Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellant. David L. Doughten, Cleveland, Ohio, for Appellee. ON BRIEF: Bruce D. Horrigan, Office of the Attorney General, Cleveland, Ohio, for Appellant. David L. Doughten, Cleveland, Ohio, for Appellee.

Before MARTIN, MOORE, and ROGERS, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case requires us to consider whether Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), overturned the repeated holding of the Supreme Court, see, e.g., Rose v. Mitchell, 443 U.S. 545, 557 n. 7, 99 S.Ct. 2993, 61 L.Ed.2d 739 (1979), that the Fifth Amendment grand jury right, U.S. CONST. amend. V, was not...

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