Legal Opinion

United States v. Burgos-Figueroa

Court of Appeals for the First Circuit

Decided February 13, 2015No. 13-2379PublishedCited by 5 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This is a single-issue sentencing appeal. In it, defendant-appellant Justo L. Bur- gos-Figueroa assigns error to the district court’s imposition of a two-level sentencing enhancement reflecting the possession of a dangerous weapon during a drug-trafficking conspiracy. See USSG § 2Dl.l(b)(l).

It is common ground that a sentencing enhancement must be supported by a preponderance of the evidence. See United States v. McDonald, 121 F.3d 7, 9 (1st Cir.1997). The facts undergirding' an enhancement need not be established by direct evidence but, rather, may be inferred from…

2Cases cited11 opinions

  1. United States v. WattsSupreme Court of the United States · 1997
  2. United States v. Fausto D. RuizCourt of Appeals for the First Circuit · 1990
  3. Simon v. CebrickCourt of Appeals for the Third Circuit · 1995
  4. United States v. Cecilio F. McDonaldCourt of Appeals for the First Circuit · 1997
  5. United States v. Ceferino CruzCourt of Appeals for the First Circuit · 1997

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. GordonCourt of Appeals for the First Circuit · 2017
  2. United States v. ColemanCourt of Appeals for the First Circuit · 2017
  3. United States v. Nieves-DiazCourt of Appeals for the First Circuit · 2024
  4. United States v. GordonCourt of Appeals for the First Circuit · 2017
  5. United States v. JamesCourt of Appeals for the First Circuit · 2020

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