Legal Opinion
United States v. Luis Fernando Restrepo, Mauro Angel Marquina
Court of Appeals for the Eleventh Circuit
Decided November 16, 1987No. 86-5967PublishedCited by 21 opinions
1Opinion of the Court
EDMONDSON, Circuit Judge:
This case involves the issue of burden of proof under Fed.R.Crim.P. 32(c)(3)(D) as to matters contested at a sentencing hearing. Defendants-appellants appeal their sentencing, asserting that once they have disputed points raised by the government, it is the government’s burden to advance clear and convincing evidence to support the allegations of the presentence investigation report (PSI). Because' we find that the government had only to support its assertions by some reliable proof, and because it did make this showing, we deny appellants’ challenge and affirm the…
2Cases cited13 opinions
- Williams v. New YorkSupreme Court of the United States · 1949
- United States v. TuckerSupreme Court of the United States · 1972
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. Janice Weston, A/K/A Janice WallaceCourt of Appeals for the Ninth Circuit · 1971
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- 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. Juan Delgado, Emilio Albelo, Juan Carlos Riverol, Tomas Raul HernandezCourt of Appeals for the Eleventh Circuit · 1995
- United States v. Ronnie W. Gooden, United States of America v. James Robert KeenerCourt of Appeals for the Eighth Circuit · 1989
- United States v. Ronald M. Funt, Randy Webman, Thomas John HarveyCourt of Appeals for the Eleventh Circuit · 1990
16 more not listed; retrieve them via the Exa API.