United States v. Victor Sandoval Cavazos

DYER, Circuit Judge:

Cavazos complains of the sentence imposed upon him based upon irrelevant extraneous hearsay data. We vacate and remand for resentencing.

Cavazos pled guilty to possession with intent to distribute approximately 10 ounces of heroin in violation of 21 U.S. C.A. § 841(a)(1). At the time of sentence the court was informed that Cava-zos had never before been involved in criminal activity and had no prior record. In response the court drew a hypothetical situation of a bank robber who inferentially had robbed banks before, but who was apprehended for the first time when “he blows…