United States Ninth Circuit

A sentence for distribution of cocaine base is vacated and remanded where: 1) the government preserved its objection to the sentence calculation; 2) the district court made no relevant conduct determination, but instead made an erroneous legal determination that it was not required to take such conduct into account; and 3) it erred by refusing to consider dismissed quantities of crack cocaine in calculating the sentence.

Appellate Information

• Decided 04/15/2008
• Published 04/15/2008

Judges

• TASHIMA, Circuit Judge:, Before:  JOHN R. GIBSON,A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Hartley M.K. West, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• Geoffrey Rotwein, Law Offices of Geoffrey Rotwein, San Francisco, CA, for the defendant-appellee.