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222002P.pdf   06/15/2023  United States  v.  Deshonte Dickson
   U.S. Court of Appeals Case No:  22-2002
   U.S. District Court for the District of North Dakota - Western   
[PUBLISHED] [Loken, Author, with Colloton and Benton, Circuit Judges] Criminal case - Criminal law and Sentencing. The evidence was sufficient to support defendant's conviction for conspiracy to possess and distribute methamphetamine; on the record before this court, it cannot conclude that the inconsistencies between the PSR findings concerning defendant's conduct and the findings on which the district court based its upward variance, combined with the lack of prior notice, resulted in a harmless procedural error; defendant's sentence is vacated, and the matter is remanded for resentencing.