What is the burden of proving a negotiated amount?

In contrast, the First and Seventh Circuits, apparently viewing the inquiry as the means by which the negotiated amount is established, have required that the Government prove the defendant's intent and ability to produce specified amounts of narcotics. See United States v. Legarda, 17 F.3d 496, 500 (1st Cir.1994) (Government must show "both intent and ability to deliver in order to allow the inclusion of negotiated amounts to be delivered at a future time"); United States v. Ruiz, 932 F.2d 1174, 1183-84 (7th Cir.1991) ("Government bears burden of proving amount under negotiation, and contested amount could not be under negotiation if defendant lacked the intent to produce such amount"), cert. denied, --- U.S. ----, 112 S.Ct. 151, 116 L.Ed.2d 116 (1991).

Page 332