Legal Opinion

United States v. Gary Benjamin Williams

Court of Appeals for the Eighth Circuit

Decided July 11, 1990No. 89-1760PublishedCited by 20 opinions

1Opinion of the Court

FAGG, Circuit Judge.

Gary Williams pleaded guilty to bank robbery and was sentenced as a career offender. See U.S.S.G. § 4B1.1 (Jan.1988). We affirm.

The government bears the burden of proving facts that support a sentence enhancement and the defendant bears the burden of proving facts that support a sentence reduction. See United States v. Rodríguez, 896 F.2d 1031, 1032 (6th Cir.1990). We agree with Williams that the government had the burden of proving the factual prerequisites for a career offender enhancement. We disagree, however, with Williams’s contention that the district court imposed…

2Cases cited3 opinions

  1. United States v. Michael RodriguezCourt of Appeals for the Sixth Circuit · 1990
  2. United States v. Joe Alfred Thomas, Jr.Court of Appeals for the Eighth Circuit · 1990
  3. United States v. Roy C. GreenCourt of Appeals for the Eighth Circuit · 1990

3Cited by20 opinions

  1. United States v. Marlon Dale Sun Bear, A/K/A Dale Sun Bear, A/K/A Ben JamesCourt of Appeals for the Eighth Circuit · 2002
  2. United States v. Wakeem Butler, Stanley Harris, and Marcellus ThomasCourt of Appeals for the Second Circuit · 1992
  3. United States v. Benny CowartCourt of Appeals for the Sixth Circuit · 1996
  4. United States v. Julian Jorge MoralesCourt of Appeals for the Eighth Circuit · 1991
  5. United States v. Kim Allen WillisCourt of Appeals for the Eighth Circuit · 1991

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