United States v. Michael Ray Williams

Michael Ray Williams appeals from the district court’s sentence of 108 months rendered after his plea of guilty to manufacturing and storing explosives without a license, 18 U.S.C. § 842 (a)(1) and § 842(j), and possession of a firearm by a felon, 18 U.S.C. § 922 (g). He originally was sentenced to 120 months in prison to be followed by three years of supervised release. Williams appealed, and on concession of error by the government, this court vacated his sentence and remanded to the district court for resen-tencing on July 8,1993. On resentencing the district court adopted the probation department’s recommendation and sentenced Williams to 108 months in custody to be followed by three years of supervised release.

On appeal, the defendant argues the court committed several errors in sentencing him. He claims the district court (1) failed to comply with Fed.R.Crim.P. 32(c)(3)(D) because it did not make findings on fact on disputed matters; (2) failed to provide him an evidentiary hearing on resentencing; (3) failed to properly identify facts justifying an upward departure by eleven levels; and (4) increased the upward departure over the earlier sentence thereby violating due…