What is the standard of proof in a motor vehicle safety-valve relief application?
MultiRegion, United States of America
The following excerpt is from United States v. Beltre, 13-1334-cr (2nd Cir. 2014):
1. This remains the standard following the United States Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005). See, e.g., United States v. Jimenez, 451 F.3d 97, 102 (2d Cir. 2006) ("The fact that mandatory minimums have taken on increased significance after Booker . . . does not undermine our decision to place the burden of proof on the defendant to demonstrate his eligibility for safety-valve relief.").
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