U.S. v. Staten, No. 05-30055 (9th Cir.) (466 F.3d 708) (August 31, 2006) (Judge Marsha L. Berzon)
In issuing this amended decision, the Ninth Circuit held fast to its prior ruling in U.S. v. Staten, 450 F.3d 71 (9th Cir. June 7, 2006) that "the clear and convincing standard still pertains post-Booker for an enhancement applied by the district court that has an extremely disproportionate effect on ...
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