United States v. Gary White

698 F. App'x 917

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 12, 2017
• Docket: 16-50113
• Status: Unpublished

Opinion

MEMORANDUM *

1. “[T]he district court may not contradict an affirmative finding by the jury.” United States v. Pimentel-Lopez, 859 F.3d 1134, 1143 (9th Cir. 2016) (as amended). The district court here erred by sentencing White based on a higher drug weight than the jury found in its special verdict. See id. at 1140.

2. The district court also erred by relying on evidence outside the record without notifying White in advance. See United States v. Warr, 530 F.3d 1152, 1162-63 (9th Cir. 2008).

VACATED AND REMANDED.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.