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Argued June 8, 2001

Following a jury trial, appellant William Keels was convicted of several offenses related to the homicide of Lydia Zygier. On June 26, 2000, Keels filed an initial appellate brief arguing that the trial court “improperly prohibited” defense counsel from conducting cross-examination and introducing impeachment evidence (collectively “evidentiary issues”) during the trial. With leave of the court, Keels filed a supplemental brief on December 2, 2000, asserting that his sentence of life without parole should be vacated because D.C. Code � 22-2404.1 (1996), and the trial court’s implementation of it, violated the principles set forth in Apprendi v. New Jersey, 530 U.S. 466 (2000), a decision of the United States Supreme Court rendered the same day Keels filed his first appellate brief. The government filed a responsive brief. We are unpersuaded by Keels’s evidentiary arguments; however, in light of the arguments based on Apprendi, we remand the case to the trial court for resentencing consistent with this opinion.


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