Legal Opinion
United States v. Daniel Lee, A/K/A "Monkey"
Court of Appeals for the Second Circuit
Decided May 18, 1987No. 537, Docket 86-1346PublishedCited by 101 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
On this appeal we are called upon to decide for the first time whether there should be a burden of proof established— and, if so, what burden — for disputed allegations in presentence reports. This is a matter of some significance since the great majority of defendants plead guilty and are sentenced based upon information contained in such reports. To decide these questions we must take into account and fairly resolve the tension between due process, which stands like a tower guarding the boundaries of individual rights at sentencing, and broad judicial discretion…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Williams v. New YorkSupreme Court of the United States · 1949
- United States v. TuckerSupreme Court of the United States · 1972
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Gardner v. FloridaSupreme Court of the United States · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- United States v. Kikumura, YuCourt of Appeals for the Third Circuit · 1990
- United States v. Manuel Concepcion, Roberto Aponte, and Nelson FriasCourt of Appeals for the Second Circuit · 1993
- United States v. William George HowardCourt of Appeals for the Ninth Circuit · 1990
- United States v. John W. McDowell Jr.Court of Appeals for the Third Circuit · 1989
- United States v. George Terzado-MadrugaCourt of Appeals for the Eleventh Circuit · 1990
96 more not listed; retrieve them via the Exa API.