What is the burden of proving that a predicate conviction is unconstitutional?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wright, 985 F.2d 577 (9th Cir. 1993):
Appellant bears the burden of proving, by a preponderance of the evidence, that the predicate conviction is unconstitutional. United States v. Newman, 912 F.2d 1119, 1122 (9th Cir.1990). Appellant has established that the record of his guilty plea colloquy in connection with the 1985 conviction does not reflect an explicit discussion of the elements of the crime of robbery. This is not a sufficient basis in this case, however, upon which to declare that conviction invalid.
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