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U.S. v. PETTIGREW

No. 02-3033.

346 F.3d 1139 (2003)

UNITED STATES of America, Appellee, v. Craig PETTIGREW, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 21, 2003.

Attorney(s) appearing for the Case

Robert S. Becker argued the cause for appellant.

Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Thomas J. Tourish, Jr., and Mary Ann Snow, Assistant U.S. Attorneys.

Before: EDWARDS, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Appellant Craig Pettigrew contends that his 1997 drug convictions and sentence are unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because a judge rather than a jury determined the quantity of drugs involved in his crimes. Pettigrew, however, failed to raise this claim at trial or on direct...

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