BARRAGAN-CEPEDA

v.

UNITED STATES

Citator

Cited By (27 total)

• Schall v. Martin, 467 U.S. 253 (U.S. 1984)
  …The statute has been challenged numerous times on the grounds that the standard is unconstitutionally vague. Every Court of Appeals considering the question has rejected that claim. United States v. Davis, 710 F. 2d 104, 108-109 (CA3), cert. denied, 464 U. S. 1001 (1983); United States v. Schell, 692 F. 2d 672, [*279] 675-676 (CA10 1982); United States v. Williamson, 567 F. 2d 610, 613 (CA4 1977); United States v. Bowdach, 561 F. 2d 1160, 1175 (CA5 1977); United States v. Neary, 552 F. 2d 1184,1194 (CA7), cer…
• United States v. Frank, 864 F.2d 992 (3d Cir. 1988)
  …tates v. Tucker, 404 U.S. 443, 447, 92 S.Ct. 589, 591-92, 30 L.Ed.2d 592 (1972). The procedural requirements for determining what sentence should apply, however, are rather minimal. United States v. Davis, 710 F. 2d 104, 106 (3d Cir.), cert. denied, 464 U.S. 1001, 104 S.Ct. 505, 78 L.Ed.2d 695 (1983). Frank does not contend that the guidelines violate the eighth amendment, that they retaliate against him for the exercise of other legally protected rights, or that the method of determining their applicability…
• United States v. Vaughn Ehret, 885 F.2d 441 (8th Cir. 1989)
  …scribe a particular standard of proof. Pre-Guidelines case law clearly established that the government need not prove the facts used in sentencing “beyond a reasonable doubt.” E.g., United States v. Davis, 710 F. 2d 104, 106 (3d Cir.), cert. denied, 464 U.S. 1001, 104 S.Ct. 505, 78 L.Ed.2d 695 (1983). The Supreme Court has held that the use of the preponderance standard in sentencing proceedings does not violate due process. McMillan v. Pennsylvania, 477 U.S. at 91, 106 S.Ct. at 2419 (rejecting clear and c…