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U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

This is multi-issue case is noteworthy for its surprising and strong discussion of the use of conduct relating to acquitted crimes to increase a defendant's sentence. The Court observed:

"We believe that a defendant's Fifth and Sixth Amendment right to have a jury determine his guilt beyond a reasonable doubt ...

 

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