United States v. Boyd
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HENRY, Circuit Judge.
Shannon Maurice Boyd appeals his sentence for cocaine distribution. Because we conclude that the district court, in calculating Mr. Boyd’s sentence, improperly relied on facts outside the record, we vacate Mr. Boyd’s sentence and remand for re-sentencing. 1
I. BACKGROUND
The United States charged Mr. Boyd with three counts of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1). Counts One, Two, and Three of the indictment charged Mr. Boyd with distributing 9.48 grams, 17.37 grams, and 26.30 grams, respectively, of “a mixture or substance containing a detectable…
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