United States v. Jackson

MEMORANDUM *

Vincent Jackson was convicted by a federal jury of twelve counts relating to distribution of illicit drugs. After Jackson’s first sentence was vacated in light of the Supreme Court’s intervening opinion in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), he was resentenced to life in prison. In his current appeal Jackson contends that the judge erred by declining to order a new Presentence Report (“PSR”) for resen-tencing proceedings. He also argues that the district judge, in order to apply the sentencing enhancement for use of a deadly weapon, was required to find that evidence beyond a reasonable doubt supported such an enhancement. The judge instead found only that clear and convincing evidence supported the enhancement. Finally, Jackson argues that the evidence does not support application of the enhancement even if only clear and convincing evidence is required. We reject these contentions, and affirm the sentence imposed by the district court.

We review a district judge’s decision not to order preparation of a new PSR for abuse of discretion. United States v. Hardesty, 958 F.2d 910 , modified on reh’g en banc, 977 F.2d 1347 (9th…