United States v. Johnson, No. 17-60852 (5th Cir. 2020)
Annotate this CaseThe Fifth Circuit vacated defendant's sentence imposed after he pleaded guilty to violating 18 U.S.C. 922(g) and 924(e) by knowingly possessing a firearm after he had been convicted of a misdemeanor crime of domestic violence. The court held that the district court committing plain error by violating Federal Rule of Criminal Procedure 32 when it relied on factual allegations in the confidential sentencing recommendation that were not in the presentence report and that were not disclosed by defendant. The court explained that the use of undisclosed facts to justify an above-guidelines sentence seriously affects the fairness, integrity, and public reputation of judicial proceedings. Therefore, the court remanded for resentencing.
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