U.S. v. LEE

No. 537, Docket 86-1346.

818 F.2d 1052 (1987)

UNITED STATES of America, Appellee, v. Daniel LEE, a/k/a "Monkey", Appellant.

United States Court of Appeals, Second Circuit.

Decided May 18, 1987.


Attorney(s) appearing for the Case

David Gordon, New York City, for appellant.

Steven A. Standiford, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D.N.Y.; Bruce A. Green, Asst. U.S. Atty.; Nancy E. Ryan and Ellen M. Corcella, Sp. Asst. U.S. Attys., New York City, of counsel), for appellee.

Before OAKES, CARDAMONE and WINTER, Circuit Judges.


CARDAMONE, Circuit Judge:

On this appeal we are called upon to decide for the first time whether there should be a burden of proof established — and, if so, what burden — for disputed allegations in presentence reports. This is a matter of some significance since the great majority of defendants plead guilty and are sentenced based upon information contained in such reports. To decide these questions we must take into account and fairly resolve the tension...

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