The following excerpt is from U.S. v. Tellio, 977 F.2d 594 (9th Cir. 1992):
1 Except possibly in a case in which a sentencing factor has an extremely disproportionate effect on the sentence relative to the offense of conviction, the trial court should apply the guideline adjustments within the realm of relevant conduct when those adjustments are established by the preponderance of reliable evidence with the burden resting with the government. See United States v. Restrepo, 946 F.2d 654, 658-59 (9th Cir.1991).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.