What is the test for a defendant who challenges the sentencing of a defendant in a civil case?
MultiRegion, United States of America
The following excerpt is from Middleton v. U.S., 46 F.3d 1143 (9th Cir. 1995):
A defendant who challenges information used in sentencing must show that the information "is (1) false or unreliable, and (2) demonstrably made the basis for the sentence." United States v. Edwards, 800 F.2d 878, 880 (9th Cir. 1986) (citations and internal quotations omitted).
"The most advanced legal research software ever built."
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.
Other Questions
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case? (MultiRegion, United States of America)
What is the test for dismissing a civil action against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a defendant in a civil case? (MultiRegion, United States of America)
