Opinion by Judge TROTT; Partial Concurrence and Partial Dissent by Judge HUG; Dissent by Judge TASHIMA. OPINION TROTT, Circuit Judge, with whom SCHROEDER, Chief Judge, O’SCANNLAIN, KLEINFELD, GOULD, and TALLMAN, Circuit Judges, join. Circuit Judge T.G. NELSON joins except for Part IV B: On June 26, 2000, the Supreme Court held in Apprendi v. New Jersey, <s…
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