BOYCE F. MARTIN, Jr., Circuit Judge, dissenting. I join in Chief Judge Merritt’s dissenting opinion; however, I also write separately to set forth a few additional observations. I believe the majority has selected a standard of proof in relevant conduct analysis that shows little respect for individual liberties. Even if I accepted the use of a preponderance of the evidence standard in relevant conduct analys…
Read the full opinion (source) ↗
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.