8th Circuit decides N.D. case Friday, May 12, 2023

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.

In United States v. Litson the court held that the district court erred in relying on objected-to factual allegations in the Presentence Report to apply a five-level pattern of prohibited sexual misconduct enhancement; defendant's objections were sufficient to alert the district and the government to the specific facts the government needed to prove at sentencing in order for the enhancement to apply; defendant's sentence is vacated, and the matter remanded for resentencing. Judge Colloton, dissenting.

Read the court's opinion at http://media.ca8.uscourts.gov/opndir/23/05/223013U.pdf