[Download] "United States v. Urrego-Linares" by United States Court of Appeals for the Fourth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Urrego-Linares
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 20, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

WILKINS, Circuit Judge Wilson Urrego-Linares appeals his convictions and sentences for possession with intent to distribute cocaine and interstate travel in aid of racketeering. 21 U.S.C.A. § 841(a)(1) (West 1981); 18 U.S.C.A. § 1952 (West Supp. 1989). Since the offenses were committed after November 1, 1987, the sentences were governed by the Sentencing Reform Act of 1984, 18 U.S.C.A. §§ 3551, et seq. (West 1985 & Supp. 1989), and the sentencing guidelines promulgated by the United States Sentencing Commission. Urrego contends that the district court erred in not reducing his guideline sentencing range by 2 levels for acceptance of responsibility. In support of this contention he argues that he was entitled to application of this mitigating factor since the government did not prove by clear and convincing evidence that he was not entitled to it. We reject this contention and hold that a defendant seeking the application of a mitigating factor to a sentencing range determination has the burden of convincing the court of its applicability by a preponderance or greater weight of the evidence.

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