Sentence may be affirmed even when district court relied on erroneous relevant conduct drug quantity in presentence report
SENTENCING United States v. Graham, No. 05-8115, ___ F.3d ___ (10th Cir. Nov. 3, 2006)(Wyoming). Appeal of sentence for distribution of cocaine base. HELD: District court committed error by relying on presentence report’s erroneous assertion that defendant had agreed in plea bargain to relevant sentencing conduct involving 1.5 kilograms of cocaine base rather than 7.1 grams. Nevertheless, error was harmless where, as part of plea agreement, defendant agreed to stipulated sentence of twenty-five years and record demonstrated that relevant conduct drug quantity was not determining factor in sentencing decision but was instead just one factor of several used by court to decide whether or not to accept guilty plea. Read the opinion here. |
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