Steve Sady has
this Ninth Circuit Blog post on the split decision by the Fourth Circuit in
U.S. v. Thompson. In that case, Judge Wilkinson wrote for the majority, joined by Judge Widener, with Chief Judge Wilkins in dissent, on the issue of whether the issue of the defendant's earlier crimes necessary to support the heightened sentence should have been submitted to the jury. Judge Wilkinson said no, Chief Judge Wilkins said yes.
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