Criminal
May 6, 2024
9th Circuit's evidence standard ruling is a 'sea change'
The ruling, which downgrades the standard of proof required for sentencing enhancements, "will require adjustment for federal district court practitioners," according to one attorney.
An appeals court's downgrading of the federal standard of proof for sentencing enhancements has the potential to substantially affect sentencing proceedings in fraud and drug cases, some legal experts say. However, to others, the ruling represents business as usual as far as the distinction between "clear and convincing" and "preponderance of the evidence."
The recent opinion written by Chief 9th U.S. Circuit Court of Appeals Judge Mary H. Murguia overruled...
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