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U.S. v. Cathey, No. 00-10414 (5th Cir.) (259 F.3d 365) (July 19, 2001) (Judge Patrick E. Higginbotham)

Here the Court held that even though a jury fails to make a specific finding and acquits the defendant of causing the death of another, for purposes of sentencing on other charges, the district court can make that finding on a preponderance of the evidence under the provisions of U.S.S.G. ...

 

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