United States v. Norman Kidd

OPINION

WILKINSON, Circuit Judge:

The question in this case is whether incriminating statements obtained after a defendant’s indictment can be included as relevant conduct for purposes of sentencing on the charges in that indictment. See U.S.S.G. § 1B1.3. We hold that because the evidence here related to new criminal activity, it was not obtained in violation of appellant’s Sixth Amendment rights and, thus, was admissible at the sentencing hearing. We therefore affirm the judgment of the district court.

I

Appellant Norman Kidd began using and selling crack cocaine in 1991. In November 1991,…