How have courts interpreted the Guidelines de novo in sentencing cases?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 76 F.3d 390 (9th Cir. 1996):
6 We review the district court's interpretation and application of the Guidelines de novo, and its factual findings for clear error. United States v. Oliver, 60 F.3d 547, 554 (9th Cir.1995).
7 For the purposes of fact-finding during sentencing, the government bears the burden of proof by a preponderance of the evidence. United States v. Restrepo, 946 F.2d 654 (9th Cir.1991) (en banc), cert. denied, 503 U.S. 961 (1992).
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