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182974P.pdf   11/01/2019  United States  v.  Kimani Sterling
   U.S. Court of Appeals Case No:  18-2974
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Kelly and Erickson, Circuit Judges] 
   Criminal Case - sentence. In challenge to drug quantity determination and 
   enhancement for possession of a dangerous weapon, the presentence 
   investigation report attributed a drug quantity required for a base 
   account of 24. The probation office concluded it was reasonable that 
   defendants were held accountable for distribution of level 26 quantities. 
   Sterling objected. The government did no present evidence to support 
   discrepancy. Because the government failed to provide the information, the 
   district court clearly erred in sentencing Sterling to a base offense 
   level of 26 based on speculative drug quantities. The district court did 
   not err in imposing the Guidelines sec 2D1.1(b)(1) enhancement. Case is 
   reversed in part and remanded for resentencing.