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00-4133 U.S. v. Walton

“[E]nhancing Walton’s sentence under sec. 2G2.2(b)(3) without requiring any proof that Walton intentionally received images depicting sadism, masochism, or other violent conduct does not deprive Walton of sec. 2252’s scienter requirement. As the government notes, Walton’s knowledge and intent regarding ...

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01-0459-CR State v. Arpke

Michael J. Arpke appeals from an order denying his motions challenging the forcible withdrawal of his blood, the constitutionality of dual OWI/PAC prosecution and the adequacy of the information provided to him pursuant to the Implied Consent Law. Because the ...

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00-2887 U.S. v. Gilliam

“Generally, Apprendi does not require facts pertinent to application of the Sentencing Guidelines to be determined under an elevated burden of persuasion… However, this is one instance where Apprendi is applicable to a determination made in accordance with the Sentencing ...

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