U.S. v. Restrepo, No. 88-3207 (9th Cir.) (946 F.3d 654) (October 4, 1991) (Judge Charles E. Wiggins)
In this case the Court recognized that "when a sentencing factor has an extremely disproportionate effect on the sentence relative to the offense of conviction", the Government may have to satisy a "clear and convincing" standard.
In this case, the Ninth Circuit held that due process is generally satisfied when …
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