United States v. Jackson

MEMORANDUM *

Shirley Ann Jackson appeals the sentence the district court imposed after she pleaded guilty to conspiracy, in violation of 18 U.S.C. § 371 , mail fraud, in violation of 18 U.S.C. § 1341 , and wire fraud, in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 and we reverse and remand for resentencing.

Due process requires a sentencing court to put a criminal defendant on notice of the evidence it will consider, and afford her a meaningful opportunity to contest it. See United States v. Notrangelo, 909 F.2d 363, 365 (9th Cir.1990); see also Fed.R.Crim.P. 32(c)(1) (2001) (“At the sentencing hearing, the court must afford counsel for the defendant ... an opportunity to comment on [the pre-sentence report] and on other matters relating to the appropriate sentence .... ”). It is unclear from the record what evidence the district court relied upon in determining Jackson’s “relevant conduct” for sentencing under U.S.S.G. § lB1.3(a)(l)(B). The district court stated that in determining Jackson’s “relevant conduct” it had reviewed its trial notes and trial exhibits — without specifying exactly which ones — from Jackson’s co-defendants’ trial (in which…