SPENCER v. WYRICK

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that district court can rely on defendant’s uncorroborated admission that he trafficked in prior months
• affirming reliance on defendant’s own post- arrest statements at sentencing and noting defendant bears burden of demonstrating information in PSR inaccurate
• noting district court could choose to credit PSR’s construction of evidence over defendant’s representations
• “Particularly in drug cases, this circuit has broadly defined what constitutes ‘the same course of conduct’ or ‘common scheme or plan.’”
• “Like all factual findings used in sentencing, relevant conduct must be proven by a preponderance of the relevant and sufficiently reliable evidence.”
• “It is proper for the district court to rely on a presentence report’s construction of evidence to resolve a factual dispute, rather than relying on the defendant’s version of the facts.” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).