· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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