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U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay)

Here the Court held that, since the Government failed to meet its burden of proof at the original sentencing, "resentencing does not invite an open season for the government to make the record that it failed to make in the first instance".

Although the Tenth Circuit has often stated that ...

 

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