What is the burden of proving a crime against a defendant under section 7B1.1?

In any event, the difficulties of proof that the government imagines are not likely to be so difficult in practice. Under section 7B1.1, the government already must prove the facts constituting the offense itself. The task of determining a defendant's criminal history and whether the defendant's conduct satisfies one or more aggravating factors under the Washington guidelines is not meaningfully different. Cf. United States v. Willis, 795 F.3d 986, 993-94 (9th Cir. 2015) (assessing whether defendant's conduct constituted one crime or another under a divisible statute). Because most cases are likely to implicate only a few potentially relevant aggravating factors-here the government cites just two- the government can readily demonstrate which, if any, apply. If the district court finds those factors to be present, it will have determined that the offense is "punishable by" the increased sentence the Washington guidelines prescribe.