The following excerpt is from United States v. Rios, No. 11-2624-cr, No. 12-209-cr, No. 12-303-cr, No. 12-310-cr, No. 13-1792-cr* (2nd Cir. 2014):
found by a jury beyond a reasonable doubt"); United States v. Townsend, 55 F.3d 168, 172 (5th Cir. 1995) (holding that "under 3582(c)(2), a court may consider the testimony from other proceedings," but "a defendant must have notice that the court is considering the testimony such that he will have the opportunity to respond to that testimony").
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