United States v. Razo-Guerra

How courts have described this case

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

• noting that a district court may accept as true any facts in the PSR to which the defendant does not specifically object
• explaining that a district court may accept facts as true for sentencing purposes if they are contained in the PSR and the defendant does not object to them
• explaining that in determining whether the government has proven the facts necessary to establish a sentencing enhancement, the district court “may accept any undisputed portion of the [presentence report] as a finding of fact” (quoting Fed. R. Crim. P. 32(i)(3)(A))
• “The Government must prove by a preponderance of the evidence each of the facts necessary to establish a sentencing enhancement.”
• “The Government must prove by a preponderance of the evidence each of the facts necessary to establish a sentencing enhancement.”
• standard of review; upholding 4-level aggravating-role enhancement where defendant supplied dealer quantities of drugs, directed drug deliveries, and recruited others to deliver and transport drugs

Source: CourtListener parenthetical corpus (CC0).