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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.