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U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson)

Loaded on June 1, 2000 published in Punch and Jurists June 05, 2000
Filed under: Punch And Jurists, Burden of Proof.

Here the Ninth Circuit reversed a sentence which was significantly enhanced based on an uncharged (and highly suspect) kidnaping charge, holding that a sentence increase of the magnitude imposed requires proof by a clear and convincing standard.

This decision deals with the Guidelines’ requirement that disputed factors at sentencing hearings ...

 

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More from this issue:

  1. Apprendi v. New Jersey, No. 99-478 (U.S. Supreme Court) (530 U.S. 466; 120 S.Ct. 2348) (June 26, 2000) (Justice Stevens)
  2. Dickerson v. U.S., No. 99-5525 (U.S. Supreme Court) (530 U.S. 428; 120 S.Ct. 2326) (June 26, 2000) (Justice Rehnquist)
  3. Flores v. Johnson, No. 99-40064 (5th Cir.) (210 F.3d 456) (April 20, 2000) (Per Curiam)
  4. U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson)
  5. U.S. v. Nava-Ramirez, No. 99-4123 (10th Cir.) (210 F.3d 1128) (April 10, 2000) (Judge Michael R. Murphy)
  6. U.S. v. Logan, No. 98-2839 (8th Cir.) (210 F.3d 820) (April 24, 2000) (Judge Morris Sheppard Arnold)
  7. U.S. v. Ross, No. 98-4100 (8th Cir.) (210 F.3d 916) (April 21, 2000) (Judge Donald P. Lay)

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