What is the burden of proving by a preponderance of the evidence that a defendant has committed a sexual assault?
MultiRegion, United States of America
The following excerpt is from United States v. Arnold, No. 12-3526-cr (2nd Cir. 2013):
burden of proving by a preponderance of the evidence that he had satisfied this requirement. See United States v. Jimenez, 451 F.3d 97, 102-03 (2d Cir. 2006). We review the district court's factual finding that he did not do so only for clear error, see United States v. Ortiz, 136 F.3d 882, 883 (2d Cir. 1997), which is not present here.
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