United States v. Melford Burke, Jr.

LOKEN, Circuit Judge.

Once again, we deal with a sentencing appeal in which an Assistant U.S. Attorney failed to comply with our cases holding that, when fact statements in a presentence investigative report (PSR) are challenged by the defendant, the PSR itself is not evidence and the government must prove those facts at the sentencing hearing. See Fed.R.Crim.P. 32(e)(1). Once again, we remand for resentencing, as we did in United States v. Beatty, 9 F.3d 686 (8th Cir.1993), and numerous other cases.

Melford Burke pleaded guilty to abusive sexual contact with a minor female in violation of 18…