In the state's appeal from the District Court's order conditionally granting Petitioner's habeas petition, the order is reversed where the sentencing judge's finding that Petitioner had committed crimes while on probation fell within Apprendi's "prior conviction" exception.
Argued and Submitted May 4, 2009
Filed June 23, 2009
Before: John T. Noonan, Diarmuid F. O'Scannlain, and Susan P. Graber, Circuit Judges.
Opinion by Judge Graber