United States v. Martinez, No. 06-5502-cr (2d Cir. May 9, 2008) (per curiam). In this brief per curiam, the court reaffirms that there is only one quantum of proof necessary for sentencing enhancements post-Booker – the preponderance standard. Specifically, the court rejected Martinez’ argument that where the enhancement requires the sentencing judge to determine that … Read more