United States Third Circuit

Judgment of conviction and sentence for conspiracy to possess with intent to distribute a controlled substance is affirmed as to defendant Freeman and vacated and remanded for resentencing as to defendant Mark, where: 1) the district court, correctly adhering to a preponderance of the evidence standard, did not commit clear error in relying on witness Isaac’s testimony in determining a specific quantity of cocaine for purposes of imposing sentence on Freeman; and 2) Mark raised a number of objections to the Presentence Investigation Report, but the district court offered no explanation to resolve these disputes besides short, conclusory statements, which was in error.

Appellate Information

• Decided 08/18/2014
• Published 08/18/2014

Judges

• Fisher

Court

• United States Third Circuit

Counsel