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U.S. v. Gallo, No. 98-4381 (11th Cir.) (195 F.3d 1278) (November 17, 1999) (Judge Stanley Marcus)

In this case, the Eleventh Circuit held that there are different standards that apply to the use of the two-level sentence enhancement called for by U.S.S.G. § 2D1.1(b)(1). For defendants who were actually found possessing a gun, the correct standard is whether it was “clearly improbable” that the gun was ...

 

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