How have the courts interpreted the "exception" in sentencing?

MultiRegion, United States of America

The following excerpt is from USA. v. Kaluna, 192 F.3d 1188 (9th Cir. 1999):

6. The panel opinion persuasively argues that the "exception" in this case is actually a sentencing "element," rebutting the majority's analysis of this question. See United States v. Kaluna, 152 F.3d 1069, 1077-80 (9th Cir.), withdrawn 161 F.3d 1225, 1225-26 (9th Cir. 1998).
6. The panel opinion persuasively argues that the "exception" in this case is actually a sentencing "element," rebutting the majority's analysis of this question. See United States v. Kaluna, 152 F.3d 1069, 1077-80 (9th Cir.), withdrawn 161 F.3d 1225, 1225-26 (9th Cir. 1998).

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How have the courts interpreted the "exception" in sentencing?

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