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U.S. v. O'Bryant, No. 97-60221 (5th Cir.) (136 F.3d 980) (March 3, 1998) (Judge Edith H. Jones)

Here the Court vacated a sentence based on the more serious type of d-methamphetamine because the Government failed to carry its burden of proof in establishing the identity of the drugs involved. Citing U.S. v. Acklen, 47 F.3d 739 (5th Cir. 1995) the court ruled that "when the defedant raises ...

 

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