The following excerpt is from United States v. Sullivan, No. 12-10196, No. 12-10217 (9th Cir. 2015):
13. Although we have yet to resolve the "intracircuit conflict as to whether the standard of review for application of the Guidelines to the facts is de novo or abuse of discretion," United States v. Swank, 676 F.3d 919, 921-22 (9th Cir. 2012), the standard of review is not at issue here.
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