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U.S. v. Carbaugh, No. 97-2311 (7th Cir.) (141 F.3d 791) (April 14, 1998) (Judge Jesse E. Eschbach)

In her dissent, Judge Rovner acknowledged that while the majority's holding might be defensible under the new version of the Guidelines (which became effective Nov. 1, 1997), its holding was wrong under the Guidelines in effect at time of sentencing because there was no "express" threat of death.

Case held ...

 

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