The following excerpt is from Nichols v. McCormick, 946 F.2d 695 (9th Cir. 1991):
The difference [between the two statutes] is obvious. Montana's statute operates to alter the maximum penalty for the crime committed, as opposed to simply limiting the sentencing court's discretion. The statute increases the maximum penalties, as otherwise prescribed for all felonies, by ten years.
Nichols v. McCormick, 738 F.Supp. 362, 368 (D.Mont.1990).
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