What is the standard of proof required for a defendant to be successful in appealing against a sentence enhancement?
The following excerpt is from US v. Jordan, 256 F.3d 922 (9th Cir. 2001):
2. However, because due process protects a defendant's interest in fair sentencing, we review the district court's application of the standard of proof at sentencing for harmless error beyond a reasonable doubt if a defendant makes a timely objection to an error. United States v. Mezas de Jesus, 217 F.3d 638, 642 (9th Cir. 2000).
2. However, because due process protects a defendant's interest in fair sentencing, we review the district court's application of the standard of proof at sentencing for harmless error beyond a reasonable doubt if a defendant makes a timely objection to an error. United States v. Mezas de Jesus, 217 F.3d 638, 642 (9th Cir. 2000).
3. See also United States v. Watts , 519 U.S. 148, 156-57 (1997) (recognizing a split in the circuits on the issue whether conduct relevant to a sentence enhancement must be proved by clear and convincing evidence in extreme circumstances).
3. See also United States v. Watts , 519 U.S. 148, 156-57 (1997) (recognizing a split in the circuits on the issue whether conduct relevant to a sentence enhancement must be proved by clear and convincing evidence in extreme circumstances).
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