What is the burden of proving the quantity and type of controlled substances involved by a preponderance of evidence at sentencing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hall, 1995 WL 453254, 62 F.3d 1426 (9th Cir. 1995):
The district court's factual findings at sentencing are reviewed for clear error. United States v. Chapnick, 963 F.2d 224, 226 (9th Cir. 1992). The government has the burden of proving the quantity and type of controlled substances involved by a preponderance of the evidence at sentencing. See United States v. Kipp, 10 F.3d 1463, 1465 (9th Cir. 1993); United States v. Patrick, 983 F.2d 206, 208 (11th Cir. 1993).
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