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U.S. v. DARE

No. 04-30202.

425 F.3d 634 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Douglas DARE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2005.

Attorney(s) appearing for the Case

Michael Donahoe, Federal Defenders of Montana, Helena, MT, for the defendant-appellant.

Paulette L. Stewart, United States Attorney's Office, Helena, MT, for the plaintiff-appellee.

Before: O'SCANNLAIN, LEAVY, and BEA, Circuit Judges.

LEAVY, Circuit Judge:

Stephen Douglas Dare appeals his statutory mandatory minimum ten-year sentence imposed pursuant to 18 U.S.C. § 924(c) for discharging a firearm during the course of a drug trafficking crime. He contends that he was sentenced in violation of the Sixth Amendment and that the district court erred in using a preponderance of the evidence standard when it found that he discharged a firearm. We hold that...

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