Appellate Law

CA1: almost no relief on ?role-in-the-offense? determinations

By S. COTUS

US v. Rodriguez-Guerrero, No. 07-1256 (unpublished).  The First makes it clear that ?Role-in-the-offense determinations typically are factbound and, therefore, we will reverse the denial of minimal participant status only for clear error.... ? therefore ?Our standard of review is not appellant-friendly.?  Yet, somehow, ? The line between minor and minimal participation is fuzzy.?  Because there is a ?plausible? basis for concluding that the defendant wasn?t a ?minor? participant, the defendant loses.

Full post as published by Appellate Law and Practice on May 23, 2008 (boomark / email).