United States Ninth Circuit

A sentence imposed following defendant's guilty plea to bank robbery is remanded for reconsideration where, under the totality of the circumstances, the district court erred in requiring the government to meet a clear and convincing standard, as opposed to a preponderance of the evidence standard, with respect to a five-level enhancement for possessing a firearm during the bank robbery.

Appellate Information

• Argued 07/27/2006
• Decided 01/17/2007
• Published 01/17/2007

Judges

• REINHARDT, Circuit Judge:, Before: REINHARDT, TASHIMA, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karin J. Immergut, United States Attorney, District of Oregon, Portland, OR;  and Gary Y. Sussman, Assistant United States Attorney, Portland, OR, for the plaintiff-appellant.


• For Appellees:
  
• Nancy Bergeson, Assistant Federal Public Defender, Portland, OR, for the defendant-appellee.