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United States Ninth Circuit


US v. MELCHOR-ZARAGOZA, 02-10314, 02-10638

When a defendant is convicted of a conspiracy involving multiple victims, it is proper for the sentencing court to divide the conspiracy conviction into separate count groups based on the number of victims under U.S.S.G. sections 1B1.2(d) and 3D1.2. Where a sentence enhancement resulting from the number of victims is based on the extent of the conspiracy, a preponderance of the evidence standard applies.

Appellate Information

  • Decided 12/09/2003
  • Published 12/09/2003

Judges

Court

  • United States Ninth Circuit

Counsel

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