United States v. Kikumura, Yu
Is it still good law? What later courts have actually done to this case.
Status
37 later cases cite United States v. Kikumura, Yu; 37 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on United States v. Kikumura, Yu?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in part
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The Third Circuit overruled Kikumura's clear-and-convincing-evidence requirement for sentencing enhancements that significantly increase the recommended sentence.
United States v. Grier · Third Circuit · filed
We held in United States v. Kikumura, 918 F.2d 1084 (3d Cir. 1990), that certain sentencing enhancements under the Guidelines – those that significantly increase the recommended sentence and “can fairly be characterized as ‘a tail which wags the dog of the substantive offense’” – must be proved by “clear and convincing evidence.” ... We will therefore take the opportunity to overrule this aspect of Kikumura.
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The Third Circuit overruled Kikumura's clear-and-convincing-evidence requirement for certain Guidelines sentencing enhancements.
United States v. Sean Michael Grier · Third Circuit · filed
We held in United States v. Kikumura, 918 F.2d 1084 (3d Cir.1990), that certain sentencing enhancements under the Guidelines — those that significantly increase the recommended sentence and “can fairly be characterized as ‘a tail which wags the dog of the substantive offense’ ” — must be proved by “clear and convincing evidence.” ... We will therefore take the opportunity to overrule this aspect of Kikumu-ra.
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The Third Circuit overruled the aspect of Kikumura requiring clear and convincing proof for large sentencing enhancements.
United States v. Grier · Third Circuit · filed
We will therefore take the opportunity to overrule this aspect of Kikumura.
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Limited
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The Third Circuit limited Kikumura's ratcheting procedure to traditional upward departures and held that it does not bind a post-Booker sentence above the Guidelines range based on section 3553(a) factors without a departure.
United States v. Colon · Third Circuit · filed
Therefore, if a district court is sentencing above the guidelines range, as it did in this case, based on the section 3553(a) factors without granting a departure from the guidelines range, it is not bound by the ratcheting procedures we set forth in Kikumura and Hickman.
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The Third Circuit limited Kikumura's ratcheting requirement to traditional upward departures and held that it does not bind a post-Booker sentence above the Guidelines range based on section 3553(a) factors without a departure.
United States v. Carlos Colon · Third Circuit · filed
Therefore, if a district court is sentencing above the guidelines range, as it did in this case, based on the section 3553(a) factors without granting a departure from the guidelines range, it is not bound by the ratcheting procedures we set forth in Kikimmra and Hickman.
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Declined to follow
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The Sixth Circuit reaffirmed its refusal to follow Kikumura's heightened proof requirement after Booker.
United States v. Brika · Sixth Circuit · filed
Prior to Booker, we declined to follow Kikumura and squarely rejected all claims along the lines of the one Brika advances here. ... Today, while we reaffirm those precedents, we reformulate them in Booker terms. Kikumura’s reasoning might have had some basis in due-process principles under the mandatory guidelines regime.
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The Sixth Circuit reaffirmed its refusal to follow Kikumura's heightened proof rule and held that Booker reasonableness, rather than due process, governs the challenge.
United States v. Ahmed Brika · Sixth Circuit · filed
Brika’s due-process claim rests on United States v. Kikumura, ... Prior to Booker, we declined to follow Kikumum and squarely rejected all claims along the lines of the one Brika advances here. ... Thus, while we reaffirm our earlier holding that due process does not require sentencing courts to employ a standard higher than preponderance-of-the-evidence, even in cases dealing with large enhancements, ... we also hold such challenges should be viewed through the lens of Booker reasonableness rather than that of due process.
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The Northern District of Iowa declined to follow Kikumura's heightened burden of proof and held that Kikumura was no longer good law insofar as later Supreme Court decisions had eroded its basis.
United States v. Grover · U.S. District Court for the Northern District of Iowa · filed
Kikumura is no longer good law, insofar as subsequent Supreme Court cases have completely eroded its jurisprudential basis. ... Even if the court had the discretion to apply a higher burden of proof, it would decline to do so.
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