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203736P.pdf   03/11/2022  United States  v.  Jonathan Berrier
   U.S. Court of Appeals Case No:  20-3736
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Loken, Author, with Arnold and Stras, Circuit Judges] 
   Criminal Case - Sentencing. Reviewing for plain error whether defendant 
   was prejudiced by the probation office's failure to comply with Fed.R. 
   Crim P. 32(g) by not supplying defendant and his attorney with a revised 
   PSR at least seven days before sentencing and the government's arguments 
   in support of an upward variance based on disputed facts, the district 
   court erred in relying on disputed facts and in granting an upward 
   variance. There is no reasonable basis to conclude whether the district 
   court would have imposed the same sentence after a proper evidentiary 
   inquiry. Case is remanded for resentencing.