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U.S. v. HENRY

No. 01-2486.

282 F.3d 242 (2002)

UNITED STATES of America, v. Dean "Ras" HENRY, Dean Henry Appellant.

United States Court of Appeals, Third Circuit.

Filed March 4, 2002.

Attorney(s) appearing for the Case

Charles S. Russell, Jr. (Argued), Moore & Dodson, P.C., St. Thomas, VI, for Appellant.

David L. Atkinson, United States Attorney, Kim L. Chisholm (Argued), Assistant United States Attorney, St. Thomas, VI, for Appellee.

Before: BECKER, Chief Judge, NYGAARD and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This is yet another Apprendi case. See Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). It comes to us in a novel procedural posture: (1) Apprendi was decided between the guilty plea and the sentencing; (2) the defendant clearly raised the Apprendi issue at sentencing; and (3) the defendant demonstrated what we find to be non...

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