Judge Friedland wades through a nice factual analysis in United States v. Valle, and comes out the right way on a guideline enhancement in an illegal reentry case: a good result.

Of much broader interest, however, is Judge Friedland’s insistence that that the government shoulder the “clear and convincing” standard of proof for this guideline enhancement, instead of a mere “preponderance of the evidence.”

Sentencing geeks know that the battle over this standard of proof as sentencing goes back at least as far as 1991, when the Ninth tackled the issue in Restrepo (and let the government skate by with a mere “preponderance” for most enhancements).

Whenever the Ninth holds the government’s feet to the burden-fire it is a cause for celebration.  Congratulations to CD Cal Appellate and Writs Chief Brianna Mircheff, for an admirable win.