LEWIS

v.

VASQUEZ, WARDEN

Citator

Cited By

• United States v. Concepcion, 983 F.2d 369 (2d Cir. 1992)
  …these basic principles. Thus, disputed facts relevant to sentencing, even under the Guidelines, need be established only by a preponderance of the evidence. See, e.g., United States v. Rodriguez-Gonzalez, 899 F. 2d 177, 182 (2d Cir.), cert. denied, 498 U.S. 844, 111 S.Ct. 127, 112 L.Ed.2d 95 (1990); United States v. Cousineau, 929 F. 2d 64, 67 (2d Cir.1991); United States v. Shoulberg, 895 F. 2d 882, 886-87 (2d Cir.1990); United States v. Guerra, 888 F. 2d 247, 251 (2d Cir.1989) (preponderance standard app…

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• United States v. Stevens, 985 F.2d 1175 (2d Cir. 1993)
  …f § 2D1.1 will not be overturned unless it is clearly erroneous. See, e.g., id. at 1186-87; United States v. Pellegrini, 929 F. 2d 55, 56 (2d Cir.1991) (per curiam); United States v. Rodriguez-Gonzalez, 899 F. 2d 177, 182-83 (2d Cir.), cert. denied, 498 U.S. 844, 111 S.Ct. 127, 112 L.Ed.2d 95 (1990). Stevens contends that there was insufficient evidence that he had knowledge of the gun’s presence. This contention has no merit. The court found that “Stevens was part and parcel of people carrying it” during…