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00-2887 U.S. v. Gilliam

"Generally, Apprendi does not require facts pertinent to application ofthe Sentencing Guidelines to be determined under an elevated burden ofpersuasion... However, this is one instance where Apprendi is applicableto a determination made in accordance with the Sentencing Guidelines.This is because U.S.S.G sec. 4B1.1 makes the 'offense statutory maximum'the determinative factor in calculating a sentence under ...

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