What is the burden of proving factors enhancing a sentence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Young, 33 F.3d 31 (9th Cir. 1994):
The Government bears the burden of proving factors enhancing a sentence by a preponderance of the evidence. United States v. Restrepo, 946 F.2d 654, 661 (9th Cir.1991) (en banc), cert. denied, --- U.S. ----, 112 S.Ct. 1564, 118 L.Ed.2d 211 (1992). At a minimum, the Government must establish that the defendants did more than just willfully participate in the getaway chase. It must prove that each defendant was responsible for or brought about the driver's conduct
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