The following excerpt is from U.S. v. Burgess, 180 F.3d 37 (2nd Cir. 1999):
In reviewing the application of the guidelines by the district court, we examine factual determinations for clear error; legal questions, however, are subject to de novo review. See United States v. Chacko, 169 F.3d 140, 150 (2d Cir.1999).
A. Requirement that the offense be "part of a pattern of criminal conduct engaged in as a livelihood"
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