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Eighth Circuit formally rejects heightened burden of proof in modern federal sentencing

By Douglas A. Berman

The Eighth Circuit today in US v. Villareal-Amarillas, No. 07-3616 (8th Cir. April 9, 2009) (availabe here), formally rejects a defendant's claim that a higher burden of proof should apply to fact-finding that significantly increase applicable guideline sentencing ranges.  Here is the case's unofficial summary from the court's website: Due process clause does not require the government to prove by clear and convincing evidence facts that produce a substantial increase in the advisory guidelines range, and such facts need only be proven by a preponderance of the evidence; prior cases which suggest that such facts need to be proven by clear and convincing evidence when they have an extremely disproportionate effect on a defendant's sentence rest on a misinterpretation of McMillian v...continue to full post

Full post as published by Sentencing Law and Policy on April 09, 2009 (boomark / email).