Topic: the government bears the burden of proving by a preponderan… · Go Syfert
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Topic #7541

4 canonical passages across 3 cases, quoted by 47 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 United States v. David Neil Yeager.

#Case FlagCanonical passage Citers
1 United States v. David Neil Yeager Anchor
ca11 · 2003
green “the government bears the burden of proving by a preponderance of the evidence that the defendant had an aggravating role in the offense.” 27
2 United States v. Gary A. Phillips
ca11 · 2002
green “a district court's upward adjustment of a defendant's guidelines offense level due to his status as a leader or organizer under u.s.s.g. 3b1.1 is a finding of fact reviewed only for clear error.” 10
3 United States v. Edward Hall Yates
ca11 · 1993
green “requires the exercise of some authority in the organization, the exertion of some degree of control, influence, or leadership.” 6
4 United States v. Gary A. Phillips
ca11 · 2002
green “a district court's upward adjustment of a defendant's guidelines offense level ... under u.s.s.g. 3b1.1 is a finding of fact reviewed only for clear error.” 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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