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· 7/10/2000

United States v. Richard Dehart Charlesworth

Citations

  • 217 F.3d 1155
  • 2000 Cal. Daily Op. Serv. 5602
  • 2000 Daily Journal DAR 7459
  • 2000 U.S. App. LEXIS 15821
  • 2000 WL 914134

How courts have described this case

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

  • concluding the information in the PSR was sufficient because defendant never offered any evidence to contradict the PSR, arguing instead “that the government failed to sustain its burden of proof’
  • concluding the information in the PSR was suffi- cient because defendant never offered any evidence to contra- dict the PSR, arguing instead “that the government failed to sustain its burden of proof”
  • “Thus, once the government has established the base offense level, the burden falls on the party seeking to alter this level to prove the necessary facts.”
  • “[T]he defendant has a due process right to be sentenced on the basis of reliable information.”
  • “Charlesworth 24 did not contest any of the information in the PSR; therefore, there was no need for the court to make any findings.”
  • “The use of the word ‘committed’ in § 2P1.1(b)(3) suggests that neither a conviction for a felony nor even an indictment is required.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcon, Silverman, Tashima

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.