The following excerpt is from U.S. v. Gallagher, 99 F.3d 329 (9th Cir. 1996):
The constitutionality of a criminal statute is reviewed de novo. United States v. Harding, 971 F.2d 410, 412 (9th Cir.1992), cert. denied, 506 U.S. 1070, 113 S.Ct. 1025, 122 L.Ed.2d 170 (1993).
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2. Discussion
Defendant claims that U.S.S.G. 2F1.1 is unconstitutionally vague as applied to the facts of his case.
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