The following excerpt is from USA v. Valensia, 222 F.3d 1173 (9th Cir. 2000):
In United States v. Harrison-Philpot, 978 F.2d 1520 (9th Cir. 1992), the defendant was convicted of one count of conspiring to distribute cocaine and seven counts of distributing cocaine that involved a total of 67 grams of cocaine. Id. at 1522. Given the defendant's criminal history category, the offense level for that quantity of cocaine, yielded an initial sentencing guideline range of 41-51 months. See id. The district court determined that the defendant and his coconspirators distributed between 15 and 49.9 kilograms of cocaine during the conspiracy period and increased his offense level accordingly. See id. This calculation resulted in a sentencing range of 292-365 months. The district court imposed a 352month sentence, but did not indicate which evidentiary standard it applied. See id. at 1523. We noted that the clear and convincing standard does not
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