United States v. Shelby Wayne Sells Anthony Wayne Sells

How courts have described this case

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

• observing that a constructive amendment is “reversible per se” but a simple variance “triggers harmless error analysis”
• considering the presentence report’s findings “adopted” by the sentencing court, in determining whether the court’s findings were legally sufficient
• applying harmless-error review after concluding that irrelevant evidence was admitted at trial
• ordering reconsideration upon remand where, “[although the district court adopted the findings contained in the PSR, the PSR did not make particularized determinations with respect to” the scope of the defendant’s jointly undertaken criminal activity
• “[T]here is no prohibition in this circuit on using co-conspirator statements . . . to establish the drug quantity amount, even when those individuals are cooperating with the government.”
• “An agreement ‘may be inferred from the facts and circumstances of the case,’ including ‘frequent contacts among the defendants and from their joint appearances at transactions and negotiations.’” (quoting United States v. Evans, 970 F.2d 663, 669 (10th Cir. 1992))

Source: CourtListener parenthetical corpus (CC0).