United States Ninth Circuit

A sentence for conspiracy to distribute marijuana is affirmed over claims of error that: 1) the district court erred in failing to resolve a controverted fact of whether defendant exercised control over other co-conspirators in imposing an aggravating role enhancement; 2) use of hearsay statements in preparing a PSR violated the Confrontation Clause; 3) facts supporting his aggravating organizer/leader role should have been submitted to a jury and found beyond a reasonable doubt; and 4) use of the Guidelines as advisory was an unconstitutional retroactive application of Booker.

Appellate Information

• Argued 10/18/2006
• Decided 02/06/2007
• Published 02/06/2007

Judges

• Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven L. Barth, San Diego, CA, for defendant-appellant Dennis Evan Ingham., Sherri Walker Hobson and Stephen Tokarz (argued), Assistant United States Attorneys, San Diego, CA, for plaintiff-appellee United States of America.