U.S. v. Dare, No. 04-30202 (9th Cir.) (425 F.3d 634) (September 23, 2005) (Judge Edward Leavy)
In Harris v. U.S., 536 U.S. 545 (2002), the Supreme Court affirmed a mandatory minimum seven year sentence based on the district court’s finding by a preponderance of the evidence that Harris had brandished a gun. In his concurring opinion, Justice Breyer observed that one cannot easily distinguish the Court’s ...
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