United States v. Catherine Louise Robertson

We consider a due process challenge against Fed.R.Crim.P. 32(c)(3)(D) and whether the district court erred in imposing a term of supervised release. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

BACKGROUND

The government filed a 14-count indictment against Catherine Robertson, charging her and three codefendants with conspiracy to manufacture and distribute methamphetamine. She pleaded guilty to one count, carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1).

After preparation of the presentence report, Robertson’s counsel objected to certain allegations which she claims had not been proven. The court heard arguments on those objections at the time of sentence.

The court sentenced her to five years imprisonment under 18 U.S.C. § 924 (c)(1), followed by a three year term of supervised release pursuant to 18 U.S.C. § 3583 (b)(2). It indicated in its findings of fact that the disputed allegations played no part in the determination of her sentence.

DISCUSSION

I. Imposition of Supervised Release Term

Robertson argues, first, that the court was precluded from imposing a term of supervised release based on the…