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U.S. v. Cordoba-Murgas, No. 98-1280 (2nd Cir.) (233 F.3d 704) (December 5, 2000) (Judge J. Garvin Murtha)

Here a panel held that it is error for a district court to require the Government to prove certain uncharged facts at sentencing by a clear and convincing standard of proof rather than a mere preponderance of evidence - under any circumstances.

The broad swath cut by the Supreme Court’s ...

 

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