United States v. Phillip S. Davis

DAVID A. NELSON, Circuit Judge.

This is a drug conspiracy case in which the defendant is appealing a 14-year sentence of imprisonment. The district court (Edgar, J.) set the sentence at the low end of the sentencing guideline range, as computed by the court. The defendant contends, among other things, that the range was miscalculated because, in determining the quantity of drugs involved in the conspiracy, the court relied on an out-of-court statement made by the defendant at a time when his mental condition was suspect. The defendant also contends that use of *1183the statement (which was elicited…