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United States v. Reynoso

Sentence affirmed; even though court erred in sentencing defendant based, in part, on court's recollection of testimony given in a previous trial of one of defendant's co-conspirators without affording pre-hearing notice of court's intention to do so, defendant failed to meet his burden of showing that the error affected his substantial rights.

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Argued: March 9, 2001

OPINION OF THE COURT

This appeal by defendant Wandy Reynoso pr esents a question of sentencing procedure. Reynoso pled guilty to conspiracy to distribute cocaine and to possession of cocaine with intent to distribute. Without af fording pre- hearing notice to either Reynoso or the Gover nment, the District Court appears to have sentenced Reynoso based in part on information that it learned during an earlier criminal trial in which Reynoso was not involved. Some of the information upon which the court r elied was not contained in either Reynoso’s Presentence Investigation Report (PSI), or the Government’s Sentencing Memorandum, nor was it brought out through Reynoso’s testimony at the sentencing hearing.

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