United States Ninth Circuit

Proponderance of evidence standard in applying sentence enhancements is proper where final enhancement, counting downward adjustments, was four levels even if some enhancements were greated than four levels.

Appellate Information

• Argued 04/03/2001
• Decided 05/04/2001
• Published 05/04/2001

Judges

• BREYER, District Judge:, Before:  FERGUSON and SILVERMAN, Circuit Judges, and BREYER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stanley I. Greenberg, Los Angeles, California;  John C. Kiehlmeier, Law Offices of John C. Kiehlmeier, Santa Ana, California, for defendant-appellant Carl Bradley Johansson., William W. Carter, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee United States of America.