Does the clear and convincing evidence rule survive?
MultiRegion, United States of America
The following excerpt is from United States v. Buchan, 19-50272 (9th Cir. 2021):
This court, on the other hand, held that the clear and convincing evidence rule survived Booker in United States v. Staten, 466 F.3d 708, 717-720 (9th Cir. 2006). And in Staten, we boldly extended the rule's application from just factual findings underlying sentencing enhancements to all factual findings made at sentencing that have an extremely disproportionate effect on the ultimate sentence. Id. at 720.[1]
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