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· 3/17/2004

United States v. Salazar-Samaniega

Citations

  • 361 F.3d 1271
  • 2004 U.S. App. LEXIS 5028
  • 2004 WL 516783

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 § 3B1.2 reduction is available only for \a defendant who plays a part in committing the offense that makes him substantially less culpable than the average participant\
  • noting that “the sentencing court’s ... legal conclusions [are reviewed] de novo”
  • the defendant has the burden of proving his eligibility for a mitigating role adjustment by a preponderance of the evidence
  • “A defendant’s own testimony that others were more heavily involved in a criminal scheme may not suffice to prove his minor or minimal participation, even if uncontradicted by other evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, McWilliams, Payne

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.