073616P.pdf   04/09/2009  United States  v.  Manuel Villareal-Amarillas
   U.S. Court of Appeals Case No:  07-3616
                          and No:  07-3741
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Loken, Author, with Beam and Arnold, Circuit Judges]
   Criminal case - Sentencing. Due process clause does not require the
   government to prove by clear and convincing evidence facts that produce
   a substantial increase in the advisory guidelines range, and such facts
   need only be proven by a preponderance of the evidence; prior cases
   which suggest that such facts need to be proven by clear and convincing
   evidence when they have an extremely disproportionate effect on a
   defendant's sentence rest on a misinterpretation of McMillian v.
   Pennsylvania, 477 U.S. 79 (1986), and the court joins with other circuits
   in specifically rejecting this interpretation; the district court properly
   considered the 3553(a) factors and was not required to mechanically
   recite each factor at sentencing.