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                        as a courtesy to the reader. They are not part of the opinion of the court.

002188P.pdf   07/11/2002  USA  v.  Fortino E. Diaz
   U.S. Court of Appeals Case No:  00-2188
                          and No:  01-1271
   District of Minnesota   
   Criminal case - Sentencing Guidelines. The court en banc 
   unanimously holds that U.S. v. Sturgis, 238 F.3d 956 (8th Cir. 2001), 
   correctly states the law of the circuit that a defendant's substantial 
   rights are not violated where an Apprendi error can be corrected 
   by running sentences consecutively under Guideline Section 
   5G1.2(d); to the extent two previous cases held the section is 
   discretionary and that a remand is necessary even where the 
   Apprendi violation can be cured by running sentences 
   consecutively, they are overruled; panel opinion and judgment 
   affirming convictions and sentences reinstated.