HUNTER VS. GANG C/W 59691

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the defendant has the burden to rebut facts adopted by the district court
• holding that Cybertip “bears sufficient indicia of reliability to support its probable accuracy” and information in Cybertip is sufficient to meet preponderance-of-the-evidence standard necessary for finding at federal sentencing hearing
• holding court did not abuse its discretion by weighing delay factor against defendant
• permitting court to consider acquitted conduct “as long as it finds that the conduct occurred by a preponderance of the evidence”
• “A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” (citation omitted)
• “A district court may consider conduct not resulting in a conviction (and even conduct resulting in an acquittal) when applying sentencing enhancements as long as it finds that the conduct occurred by a preponderance of the evidence.”

Source: CourtListener parenthetical corpus (CC0).