United States v. Sinclair
United States v. Sinclair
Opinion of the Court
MEMORANDUM
William Armando Sinclair appeals the 70-month sentence imposed following his guilty plea to possession of cocaine with
A district court may rely upon an uncontested presentence report (“PSR”) to establish relevant facts at sentencing, including the existence of prior convictions. See United States v. Romero-Rendon, 220 F.3d 1159, 1161 (9th Cir. 2000); United States v. Marin-Cuevas, 147 F.3d 889, 895 (9th Cir. 1998). Sinclair did not contest the validity or veracity of the PSR or the 1987 grand larceny conviction described in the PSR, and thus there was sufficient evidence to sustain the district court’s findings, whether the standard of proof was by a preponderance of the evidence or by clear and convincing evidence. See Romero-Rendon, 220 F.3d at 1163. There was no clear error.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. William Armando SINCLAIR, aka Luis Sinclair
- Status
- Published