U.S. v. RESTREPO

No. 86-5967.

832 F.2d 146 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Fernando RESTREPO, Mauro Angel Marquina, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 16, 1987.


Attorney(s) appearing for the Case

Thomas M. Dawson, Leavenworth, Kan., for defendants-appellants.

Leon B. Kellner, U.S. Atty., Miami, Florida, Norman A. Moscowitz, Mayra R. Lichter, Linda C. Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before JOHNSON and EDMONDSON, Circuit Judges, and HOFFMAN, Senior District Judge.


EDMONDSON, Circuit Judge:

This case involves the issue of burden of proof under Fed.R.Crim.P. 32(c)(3)(D) as to matters contested at a sentencing hearing. Defendants-appellants appeal their sentencing, asserting that once they have disputed points raised by the government, it is the government's burden to advance clear and convincing evidence to support the allegations of the presentence investigation report (PSI). Because we find that the government had only to support...

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