United States v. Steven George Nelson

How courts have described this case

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

• concluding that denial of the safety-valve is appropriate where defendant fails to prove by a preponderance of the evidence that a gun was not involved in the offense
• holding that evidence need not be clear and convincing to meet § 5C1.2(a)(2)
• holding that a defendant must prove only by a preponderance of the evidence that his firearm lacked a connection to his offense 3 while he must prove that connection is \clearly improbable\ to avoid § 2D1.1(b)(1)’s enhancement
• holding “separate and distinct burdens of proof for § 2D1.1(b)(1) and § 5C1.2 are not inconsistent with [the Ninth Circuit’s] opinion in Smith and the cases upon which it relied”
• “Section 2D1.1(b)(1) applies ‘if the weapon was present. . . .’” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).