United States v. Dario Restrepo

WIGGINS, Circuit Judge:

Dario Restrepo appeals his forty-six month prison sentence imposed after he was convicted of two counts of distribution of cocaine. A panel of this court issued an opinion on May 8, 1990. United States v. Restrepo, 903 F.2d 648 (9th Cir.1990). We granted Restrepo’s petition to rehear the case en banc for the limited purpose of considering whether the preponderance of the evidence standard of proof for factors enhancing a sentence under Sentencing Guideline § lB1.3(a)(2) satisfies due process. We conclude that it does, as a general rule. The facts, and parts one and…