United States Ninth Circuit

Where defendant suffered no sentence enhancement, district court correctly applied the "preponderance of evidence" rather than the "clear and convincing" standard when it denied his request for special probation under 18 U.S.C. section 3607.

Appellate Information

• Argued 03/01/2004
• Decided 04/22/2004
• Published 04/22/2004

Judges

• McKEOWN, Circuit Judge:, Before:  GOODWIN, McKEOWN, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Laura Graser, Portland, OR, for appellant Delfino Lomeli Gonzalez.


• For Appellees:
  
• Karin Immergut, J. Russell Ratto, U.S. Attorney's Office, Portland, OR, for appellee United States of America.