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U.S. v. GREENE

No. CIV.A. 2:95-00097.

206 F.Supp.2d 811 (2002)

UNITED STATES of America, Plaintiff, v. Clinton GREENE, Defendant.

United States District Court, S.D. West Virginia. Charleston Division.

June 21, 2002.

Attorney(s) appearing for the Case

Monica K. Schwartz, AUSA, United States Attorney's Office, Charleston, WV, for the Government.

Herbert L. Hively, II, Hurricane, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the parties' briefing with respect to the applicability of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) to certain potential penalties faced by Defendant in the midst of a petition to revoke his supervised release for the second time.

I. FACTUAL AND PROCEDURAL BACKGROUND

On June 12, 1995 Defendant was...

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