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United States Seventh Circuit


US v. OFCKY, 00-1420

A preponderance of the evidence is all that is required for a factual finding under the Sentencing Guidelines. Witness testimony will only be incredible, as a matter of law, if it is impossible for the witness to have possessed the information to which he or she testified, or when the testimony defies the laws of nature.

Appellate Information

  • Argued 11/01/2000
  • Decided 01/23/2001
  • Published 01/23/2001

Judges

  • CUDAHY, Circuit Judge., Before CUDAHY, COFFEY, and EASTERBROOK, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Philip Benson (argued), Office of the United States Attorney, Dyer, IN, for plaintiff-appellee., John P. Buckley, Christine M. Dekker (argued), Ungaretti & Harris, Chicago, IL, for defendant-appellant.
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