Abstract
procedures to use in determining the facts on which sentences are to be based, limited only by the appel late law in their circuits, and their own understanding of the meaning of due process in sentencing. Some district judges exercise their discretion by holding full and careful adversarial sentencing proceedings and employing a sufficiently demanding standard of proof when significant facts are disputed. Others rely reflexively on the hearsay assertions of the presentence report, or invent ingenious ways to find facts.1
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