United States v. Robert Alan Berzon

CAMPBELL, Circuit Judge.

Defendant-appellant Robert A. Berzon appeals from his Guidelines sentence of thirty-six months imprisonment for narcotics offenses. Berzon contends that the sentence, and specifically an upward adjustment under U.S.S.G. § 3Bl.l(c) 1 was improperly predicated upon information regarding his role in the offense which was not presented to him or his attorney and which he had no opportunity to rebut. This information consisted of testimony at code-fendant Steven Novak’s sentencing hearing from the case agent, Drug Enforcement Administration Special Agent Michael A. Cunniff.…