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United States v. Gary White
698 F. App'x 917
| 9th Cir. | 2017
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Docket

*1 Before: REINHARDT , KOZINSKI and CHRISTEN , Circuit Judges.

1. “[T]he district court may not contradict an affirmative finding by the jury.” United States v. Pimentel-Lopez, 859 F.3d 1134, 1143 (9th Cir. 2016) (as *2 page 2 amended). The district court here erred by sentencing White based on a higher drug weight than the jury found in its special verdict. See id. at 1140.

2. The district court also erred by relying on evidence outside the record

without notifying White in advance. See United States v. Warr, 530 F.3d 1152, 1162–63 (9th Cir. 2008).

VACATED AND REMANDED .

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Case Details

Case Name: United States v. Gary White
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 12, 2017
Citation: 698 F. App'x 917
Docket Number: 16-50113
Court Abbreviation: 9th Cir.
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