United States v. Arturo Daniel Velasco-Heredia, AKA Arturo Velasco-Heredia

ORDER

Further action on the petition for rehearing was deferred until the final disposition of U.S. v. Buckland, No. 99-30285 was entered. With the filing of the new opinion in this case the petition for rehearing is rendered MOOT.

OPINION

TROTT, Circuit Judge.

This case requires us to assess the effect of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), as refined by Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), on the prosecution of a federal drug case conducted during the embryonic stages of the sentencing revolution occasioned by…