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U.S. v. WHITE

No. CR 00-40045.

132 F.Supp.2d 814 (2001)

UNITED STATES of America, Plaintiff, v. Steven Thomas WHITE and Timothy M. Love, Defendants.

United States District Court, D. South Dakota, Southern Division.

February 13, 2001.

Attorney(s) appearing for the Case

Dennis A. Holmes, U.S. Attorney's Office, Sioux Falls, SD, for plaintiff.

Timothy J. Langley, Sioux Falls, SD, for defendant Steven Thomas White.

Delmar J. Walter, Sioux Falls, SD, for defendant Timothy M. Love.

MEMORANDUM OPINION

PIERSOL, Chief Judge.

[¶ 1] During the consolidated sentencing hearing in this case, the Court ruled that the preponderance of the evidence standard would be applied in determining drug quantity, rather than the beyond a reasonable doubt standard advocated by defendant Steven Thomas White. The Court stated a written opinion would be issued regarding the burden of proof.

[¶ 2] In Apprendi v. New Jersey, ...

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