Anderson

United States v. Anderson

Good Law
168 F. App'x 751
United States Court of Appeals for the Ninth CircuitFebruary 8, 2006No. 05-30062California274 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Donald H. Anderson appeals the sentence imposed following his conviction, upon a guilty plea, of conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841 and 846. We vacate and remand.

Defendant objected to the accuracy of certain paragraphs in the presentence report. The district court did not make express findings, under Federal Rule of Criminal Procedure 32(i)(3)(B), to resolve the disputed facts. The district court’s general findings that it “accept[ed]” the findings contained in the presentence report and that a specified quantity of pure pseudoephedrine was involved in the conspiracy do not suffice to respond to the objections with particularity or to explain why the district court found that the “orange sludge” was attributable to Defendant. Accordingly, we must vacate the sentence and remand the matter. See United States v. Carter, 219 F.3d 863 (9th Cir.2000) (requiring explicit factual findings to resolve each disputed factual statement in a presentence report, and vacating and remanding where such resolution was absent); United States v. Standard, 207 F.3d 1136 (9th Cir.2000) (rejecting sufficiency of catch-all provision in…

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