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U.S. v. CLEAVES

No. 00-5854.

299 F.3d 564 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl CLEAVES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 6, 2002.

Attorney(s) appearing for the Case

Thomas L. Parker (argued and briefed), Asst. U.S. Attorney, Memphis, TN, for Plaintiff-Appellee.

Robert C. Brooks (argued and briefed), Memphis, Tennessee, for Defendant-Appellant.

Before: DAUGHTREY and MOORE, Circuit Judges; SIMPSON, District Judge.

OPINION

DAUGHTREY, Circuit Judge.

The defendant, Darryl Cleaves, was indicted along with seven co-defendants in a single-count indictment charging conspiracy to distribute in excess of five kilograms of cocaine and 100 kilograms of marijuana. He went to trial alone, prior to the release of the Supreme Court's opinion in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and was convicted by...

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