United States v. Anthony Richard Kinard

How courts have described this case

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

• explaining that the government must establish “by a preponderance of the evi- dence the facts necessary to support a sentencing enhancement”
• stating a district court’s factual findings are reviewed for clear error and its application of the Guidelines to those facts are reviewed de novo
• noting the commentary to the Sentencing Guidelines generally is binding on the courts
• “[W]e must interpret the text of the Guidelines in light of the corresponding Commentary and Application Notes, which are binding on the courts unless they contradict the plain meaning of the text of the Guidelines.”
• “[W]e must interpret the text of the Guidelines in light of the corresponding Commentary and Application Notes, which are binding on the courts unless they contradict the plain meaning of the text of the Guidelines.”

Source: CourtListener parenthetical corpus (CC0).