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A philosophical spat between two federal judges in Nebraska highlights unresolved questions in the wake of the Supreme Court's landmark Booker decision. Judge Richard Kopf issued an order disagreeing with his colleague, Chief Judge Joseph Bataillon, on his position that the government must prove "beyond a reasonable doubt" contested sentencing factors that produce a harsher sentence. The order was unusual in that it was issued in direct response to an opinion by Bataillon, not a case before Kopf.
September 14, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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