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Criminal Law: Drug Quantity Finding – Due Process – Standard Of Proof

U.S. v. Villareal-Amarillas (MLW No. 58957/Case No. 07-3616/07-3741 – 10 pages) (U.S. Court of Appeals, Eighth Circuit, Loken, C.J.) Even though a district court’s drug-quantity finding greatly increased defendant’s advisory sentencing range, the standard of proof required is preponderance of the evidence rather than the heightened standard of clear and convincing evidence, so the district court ...

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