USA V. GARY WHITE, No. 16-50113 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 12 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-50113 D.C. No. 2:10-cr-00923-SJO-1 v. GARY WHITE, AKA Big J-Killa, AKA Big Killa, AKA JC, AKA James Cail White, AKA JC White, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding Argued and Submitted August 8, 2017 Pasadena, California Before: REINHARDT, KOZINSKI and CHRISTEN, Circuit Judges. 1. “[T]he district court may not contradict an affirmative finding by the jury.” United States v. Pimentel-Lopez, 859 F.3d 1134, 1143 (9th Cir. 2016) (as * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. page 2 amended). The district court here erred by sentencing White based on a higher drug weight than the jury found in its special verdict. See id. at 1140. 2. The district court also erred by relying on evidence outside the record without notifying White in advance. See United States v. Warr, 530 F.3d 1152, 1162–63 (9th Cir. 2008). VACATED AND REMANDED.
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