Hau

MEMORANDUM **

Defendant-Appellant Thanh Thea Hau (Hau) appeals his sentence of seventy-two months in federal prison, which was imposed after he pled guilty to conspiracy to distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(B), and 846. Because the parties are familiar with the facts, we do not recount them here except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 .

On appeal, Hau first alleges that the district court erred by basing its sentencing decision on allegations regarding Hau’s role in the conspiracy that were outside the presentence report or the public record. Under Federal Rule of Criminal Procedure 32(i)(l)(B), the court must provide the parties with any information outside the presentence report that the court will rely on in sentencing, so that the parties have a reasonable opportunity to comment on that information. Because Hau failed to object to the alleged use of outside information at sentencing, we review for plain error, which requires reversal only if Hau has been prejudiced as a result and the error “ ‘seriously affects the fairness, integrity, or public reputation of judicial proceedings.’ ”…