What is the burden of proving factual errors in the sentencing phase?
MultiRegion, United States of America
The following excerpt is from U.S. v. Barnett, 26 F.3d 133 (9th Cir. 1994):
We review for clear error factual findings in the sentencing phase. United States v. Chapnick, 963 F.2d 224, 226 (9th Cir.1992). The government bears the burden of proving, by a preponderance, any fact necessary to establish the base offense level. United States v. Howard, 894 F.2d 1085, 1090 (9th Cir.1990).
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