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U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

In U.S. v. Restrepo, 946 F.2d 654, 659 (9th Cir. 1991) (en banc), the Ninth Circuit suggested that "there may be an exception to the general rule that the preponderance standard satisfies due process when a sentencing factor has an extremely disproportionate effect on the sentence relative to the offense ...

 

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