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United States Ninth Circuit


US v. OCHOA, 01-50324

The "relevant conduct" provision of U.S.S.G. section 1B1.3 is not facially unconstitutional under Apprendi, and Apprendi does not apply to appellant's sentence because it did not exceed the statutory maximum for the crime to which he pleaded guilty.

Appellate Information

  • Argued 10/07/2002
  • Decided 11/21/2002
  • Published 11/21/2002

Judges

  • BRUNETTI, Circuit Judge., Before: HUG, BRUNETTI and O'SCANNLAIN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Manuel U. Araujo, Riverside, CA, for the appellant.

  • For Appellees:
  • Brian Hoffstadt, Assistant United States Attorney, Los Angeles, CA, for the appellee.
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