· 7/13/2012
United States v. Hector Almedina
Citations
- 686 F.3d 1312
- 2012 WL 2866127
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that, where “the fact pattern gives rise to two reasonable and different constructions, the district court’s choice between them cannot be clearly erroneous.”
- explaining that where the facts “give[ ] rise to two reasonable and different constructions, the factfinder’s choice between them cannot be clearly erroneous”
- explaining under the preponderance of the evidence standard, the trier of fact must believe the existence of a fact is more probable than not
- “The district court must ensure that the Government carries its burden by presenting reliable and specific evidence.” (citation omitted)
- “[W]e will not disturb a district court’s findings unless we are left with a definite and firm conviction that a mistake has been com- mitted.”
- “In estimating the quantity, the sentencing court may rely on evidence demonstrating the average frequency and amount of a defendant’s drug sales over a given period.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Jordan, Abarcón
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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