United States v. Richard Lawrence Locken

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Richard Lawrence LOCKEN, Defendant-Appellant. No. 95-30167. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1996. * Decided June 07, 1996. Before: BROWNING, WRIGHT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Locken pleaded guilty to two cocaine-related counts and one firearm count. At sentencing, the district court applied a base offense level of 32, departed downward one level for substantial assistance and denied departure for physical condition. We have jurisdiction under 18 U.S.C. § 3742 (a) and we vacate and remand for resentencing. 3 The parties agree that Locken challenged the quantity of cocaine distributed and that the court erred in failing to resolve this factual issue. 1 When a defendant alleges factual inaccuracies in a presentence report (PSR), the court must either append a finding as to the allegation or not take the…