8th Circuit decides N.D. case Thursday, June 15, 2023
The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.
In United States v. Dickson the court held that 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.
Read the court's opinion at: http://media.ca8.uscourts.gov/opndir/23/06/222002P.pdf