MCCOLPIN

v.

STEPHAN

Citator

Cited By

• United States v. Moored, 997 F.2d 139 (6th Cir. 1993)
  …court found that the district court’s reasoning impermissibly stretched the imagination. Id. at 231. The government must prove relevance by a preponderance of the evidence. United States v. Robison, 904 F. 2d 365, 371 (6th Cir.1990), cert. denied, 498 U.S. 946, 111 S.Ct. 360,112 L.Ed.2d 323 (1990). We agree with Defendant that the government did not carry its burden in this case. Clearly, the events considered relevant conduct by the district court in this matter are not separated in time to the extent th…
• United States v. Cecil Gibson (90-6403) & Johnny Ray Baker (90-6431), 985 F.2d 860 (6th Cir. 1993)
  …mere allegation.’ ” In addition, this court has required that proof presented at sentencing hearings satisfy a “preponderance of the evidence” standard. United States v. Robison, 904 F. 2d 365, 371 (6th Cir.1990) (citations omitted), cert. denied, 498 U.S. 946, 111 S.Ct. 360, 112 L.Ed.2d 323 (1990); see also United States v. Smith, 887 F. 2d 104, 106-8 (6th Cir.1989) (requiring sentencing court to consider drug amounts involved in dismissed charges). Whether a preponderance of the evidence supports the ag…
• United States v. Clark, 988 F.2d 1459 (6th Cir. 1993)
  …. Ismail, 756 F. 2d 1253, 1259 (6th Cir.1985). The court, however, must ensure that the defendant is tried for the crimes charged and not for who he is or what he did before. United States v. Robison, 904 F. 2d 365, 368 (6th Cir.1990), cert. denied, 498 U.S. 946, 111 S.Ct. 360, 112 L.Ed.2d 323 (1990); United States v. Vance, 871 F. 2d 572, 575 (6th Cir.1989), cert. denied, 493 U.S. 933, 110 S.Ct. 323, 107 L.Ed.2d 313. Bad acts evidence may be admissible where it is sufficiently related to the crimes charge…