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U.S. v. IGNANCIO MUNIO

No. 89-5453.

909 F.2d 436 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo IGNANCIO MUNIO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 15, 1990.

Attorney(s) appearing for the Case

Russell Rosenthal, Anthony Musto, Coral Gables, Fla., for defendant-appellant.

William F. Jung and Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before CLARK, Circuit Judge and MORGAN and RONEY, Senior Circuit Judges.

PER CURIAM:

This sentencing guidelines case involves first, whether a district court may rely on offense conduct not charged in an indictment to enhance a defendant's sentence under the relevant conduct provision, U.S.S.G. § 1B1.3, and second, whether it is appropriate for a district court to apply the preponderance of the evidence standard to offense conduct used to enhance defendant's sentence. Because we agree with...

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