LEE

v.

UNITED STATES

Citator

Cited By (41 total)

• United States v. Kikumura, 918 F.2d 1084 (3d Cir. 1990)
  …guilt”), as well as the concern that “over-burdened trial courts would be greatly disserved by the time-consuming hearings” that more intensive procedural protections would require, United States v. Lee, 818 F. 2d 1052, 1057 (2d Cir.), cert. denied, 484 U.S. 956, 108 S.Ct. 350, 98 L.Ed.2d 376 (1987); see also Breyer, supra, at 11 (“[T]he requirement of full blown trial-type post-trial procedures ... would threaten the manageability that the procedures of the criminal justice system were designed to safeguar…
• United States v. Thurnell Alston, 895 F.2d 1362 (11th Cir. 1990)
  …nce, not beyond reasonable doubt”); United States v. Wright, 873 F. 2d 437, 441-42 (1st Cir.1989) (sentencing court can rely upon facts proven by a “preponderance of evidence”); United States v. Lee, 818 F. 2d 1052, 1057 (2d Cir.1987), cert. denied, 484 U.S. 956, 108 S.Ct. 350, 98 L.Ed.2d 376 (1987) (disputed allegations in presentence report to be evaluated by preponderance standard). See also U.S.S.G. § 6A1.3 (Jan. 1988) (sentencing court may consider all relevant information that has “sufficient indicia…
• United States v. Howard, 894 F.2d 1085 (9th Cir. 1990)
  …the approach taken by other circuits. See United States v. McDowell, 888 F. 2d 285, 290-91 (3d Cir.1989); United States v. Urrego-Linares, 879 F. 2d 1234, 1237-38 (4th Cir.1989); United States v. Lee, 818 F. 2d 1052, 1057-58 (2d Cir.), cert. denied, 484 U.S. 956, 108 S.Ct. 350, 98 L.Ed.2d 376 (1987); but see United States v. Restrepo, 832 F. 2d 146, 148-49 (11th Cir.1987) (factual statements in presen-tence report must be supported by “some reliable proof”). In this case, Howard sought to have his offense…