On Monday, District Court Judge Thomas F. Hogan handed the government its ninth victory (against 31 losses to date) in the habeas corpus petitions of the prisoners held at Guantánamo, ruling that the government had established, by a preponderance of the evidence, that Musa'ab al-Madhwani, a 28-year old Yemeni, could continue to be held indefinitely, because of his connections with al-Qaeda.
The Office of Special Counsel "has established by a preponderance of the evidence that the defendant intentionally made multiple false statements to the FBI, the OSC, and the grand jury concerning matters that were material to the investigation: his interactions and communications with Kilimnik," reads the ruling from Jackson.
Although we understand why [Ball] find[s] sentencing based on acquitted conduct unfair, binding precedent of this court establishes that the practice does not violate the Sixth Amendment when the conduct is established by a preponderance of the evidence and the sentence does not exceed the statutory maximum for the crime.
Additionally, general acceptance must be established by a preponderance of the evidence.
Justice Thurgood Marshall rejected the majority's decision that an intent to give up U.S. citizenship could be established merely by a preponderance of evidence.
Second, the Circuit Court found that "there is no credible statistical evidence, and no other competent substantial evidence to establish by a preponderance of a reasonable probability that the results of the statewide election in the State of Florida would be different".
In this case, there is no credible statistical evidence and no other competent substantial evidence to establish by a preponderance a reasonable probability that the results of the statewide election in the state of Florida would be different from the result which has been certified by the State Elections Canvassing Commission.
In a prosecution for a violation of subsection (a)(9), (other than a violation consisting of producing or trafficking) it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in for research or development in connection with a lawful purpose.
Subject to the other provisions of this subsection, the Y2K upset defense shall be a complete defense to the imposition of a penalty in any action brought as a result of noncompliance with federally enforceable measurement, monitoring, or reporting requirements for any defendant who establishes by a preponderance of the evidence that the conditions set forth in paragraph (3) are met.
'(b)(1) It is an affirmative defense to a prosecution or proceeding under any Federal law for marijuana-related activities, which the proponent must establish by a preponderance of the evidence, that those activities comply with State law regarding the medical use of marijuana.
For instance, he finds that there was no credible statistical evidence and no other competent substantial evidence to establish by a preponderance of a reasonable probability that the results of a statewide election in the state of Florida would have been different.
