Mariacher v. LPCiminelli, Inc.

How courts have described this case

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

• stating that the government must prove a factor that enhances a sentence by a preponderance of the evidence
• stating that the government must prove a factor that enhances a sentence by a preponderance of the evidence
• noting that a district court could draw a simi- lar inference “when several bank robbers jump into a getaway vehicle and drive away attempting to elude arrest, and there- after continue to flee when the vehicle stops”
• deelining to apply this enhancement to defendants who were merely passengers during the getaway
• \The Government bears the burden of proving factors enhancing a sentence by a preponderance of the evidence.\
• “Without the requisite findings, we cannot adequately determine whether the district court committed clear error in applying the enhancement to the defendant’s conduct.”

Source: CourtListener parenthetical corpus (CC0).