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Criminal Law

: Tenth Circuit Blog

Preponderance of the Evidence Standard Still Applies to Judicial Fact-Finding at Sentencing

By Shari Allison

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U.S. v. Jones, 2009 WL 921116 (4/7/09) (unpub'd) - Booker did not require overturning prior precedent that only a preponderance of the evidence standard applies to judicial fact-finding that enhances the guideline range. In this case, the fact-finding increased the range from 21-27 months to 151 to 188 months. That's just fine.

Full post as published by Tenth Circuit Blog on April 14, 2009 (boomark / email).

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