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U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald)

The Court did acknowledge that in U.S. v. Lam Kwong-Wah, 966 F.2d 682 (D.C.Cir. 1992) "extraordinary circumstances" might call for the use of a higher standard of proof - such as clear and convincing evidence - but it concluded that no such circumstances were present in that case.

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