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U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam)

Loaded on Jan. 7, 2013 published in Punch and Jurists January 07, 2013
Filed under: Punch And Jurists, Preponderance of the Evidence Standard.

Back in 1991, the Sentencing Commission adopted a new and highly contentious rule of evidence that would henceforth govern all sentencing hearings. With little debate, the Commission announced the adoption of Guideline Amendment No. 387, which reads as follows:

"The Commission believes that the use of a preponderance of evidence ...

 

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  1. The New York Times v. U.S. Dept. of Justice, No. 11 Civ. 9336 (CM) (S.D.N.Y.) (915 F.Supp.2d 508) (January 2, 2013) (Judge Colleen McMahon)
  2. U.S. v. Kelly, No. Cr. No. 11-1866 BB (D.N.M.) (868 F.Supp.2d 1202) (June 20, 2012) (Judge Bruce D. Black)
  3. Swartz v. Insogna, No. 11-2846-cv (2nd Cir.) (704 F.3d 105) (January 3, 2013) (Judge Jon O. Newman)
  4. U.S. v. Mustafa, No. 11-3556 (8th Cir.) (695 F.3d 860) (September 24, 2012) (Per Curiam)
  5. U.S. v. Green, No. 11cr0938 JM (S.D.Cal.) (857 F.Supp.2d 1015) (April 25, 2012) (Judge Jeffrey T. Miller)
  6. U.S. v. Aguilar-Vera, No. 10-10333 (9th Cir.) (698 F.3d 1196) (October 29, 2012) (Judge Carlos T. Bea)

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