What is the burden of proof at sentencing in a drug case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wryn, 5 F.3d 544 (9th Cir. 1993):

The burden of proof at sentencing is preponderance of the evidence. United States v. Restrepo, 946 F.2d 654 (9th Cir.1991) (en banc), cert. denied, 112 S.Ct. 1564 (1992). The sentencing court may rely on relevant information "provided that the information has sufficient indicia of reliability to support its probable accuracy." Sentencing Guidelines Policy Statement Sec. 6A1.3(a), quoted in United States v. Upshaw, 918 F.2d 789, 791 (9th Cir.1990), cert. denied, 111 S.Ct. 1335 (1991). Here the testimony received at the prior trial was sufficiently reliable to form the basis of a decision as to the quantity of LSD involved.

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