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043826P.pdf 12/23/2005 United States v. Jeffrey Sorrells
U.S. Court of Appeals Case No: 04-3826
Western District of Missouri
[PUBLISHED] [Gruender, Author, with Chief Judge Loken and Benton,
Circuit Judges]
Criminal Case - sentencing. District court acceptance of increase in
calculation of base offense for two uncharged drug possessions was error
in light of defendant's objections to their inclusion in presentence
investigation report; objections were not legal Blakely challenges but
sufficient factual challenges requiring the government to offer
substantiating evidence. Case is remanded for resentencing.