Topic: if it is just as likely that the sentencing court relied on… · Go Syfert
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Topic #30099

2 canonical passages across 2 cases, quoted by 13 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Jeffrey Bernard Beeman v. United States.

#Case FlagCanonical passage Citers
1 Jeffrey Bernard Beeman v. United States Anchor
ca11 · 2017
green “if it is just as likely that the sentencing court relied on the elements or enumerated offenses clause, solely or as an alternative basis for the enhancement, then the movant has failed to show that his enhancement was due to use of the residual clause.” 9
2 Jerome Julius Weeks v. United States
ca11 · 2019
green “it is necessary in such a case to look to the record and binding precedent through the time of direct appeal to determine whether the claimant has shown 'that-more likely than not-it was use of the residual clause that led to the ... enhancement of his sentence.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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