United States v. Howard Eugene Leasure
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
WARDLAW, Circuit Judge.
Howard Eugene Leasure appeals his sentence and conviction for establishing a narcotics manufacturing laboratory in violation of 21 U.S.C. § 856(a)(2). Principally at issue is whether the government bears the burden of proving at sentencing that a convicted narcotics laboratory operator actually participated in the underlying drug offense under U.S.S.G. § 2D1.8. Leasure contends that imposing that burden upon the defendant is constitutionally defective as violative of his Fourteenth Amendment right to due process, his Fifth Amendment privilege against…
2Cases cited20 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Harris v. United StatesSupreme Court of the United States · 2002
- United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
- United States v. Pablo Rivera-SanchezCourt of Appeals for the Ninth Circuit · 2000
- United States v. William George HowardCourt of Appeals for the Ninth Circuit · 1990
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3Cited by36 opinions
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