United States v. Harrison, No. 12-5173 (10th Cir. 2014)
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Defendant Leslie Susan Harrison was convicted by a jury of conspiring to manufacture and distribute 50 grams or more of methamphetamine, for which she was sentenced to 360 months in prison. On appeal she challenged the sentence on five grounds. : Upon review, the Tenth Circuit vacated the sentence and remanded for further proceedings, agreeing with defendant's reasoning on her first argument: when she challenged the drug-quantity calculation in the PSR, the district court did not require the government to put on evidence supporting the calculation, stating that the PSR was based on trial testimony. This statement was inaccurate, and the error was not harmless because the trial evidence would not compel a finding of at least 1.5 kilograms of methamphetamine. The other issues could have been mooted on remand, and therefore the Court did not address them.
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