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U.S. v. Smith, No. 00-3129 (D.C. Cir.) (267 F.3d 1154) (October 30, 2001) (Judge Harry T. Edwards)

Here the Court held that U.S.S.G. § 1B1.2(d) requires the sentencing court to determine by proof beyond a reasonable doubt the appropriate underying predicate offense of a conspiracy conviction when the jury fails to specify that offense.

The defendant in this case, a government employee in the District of Columbia, ...

 

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