U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon)
This case dealt with the burden of proof required under the Guidelines in light of Apprendi. In a detailed analysis of that issue, the Ninth Circuit concluded that "[w]hile we have recognized that the Due Process Clause requires the application of a clear and convincing evidence standard when an enhancement ...
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