U.S. v. TAVANO

No. 93-1492.

12 F.3d 301 (1993)

UNITED STATES of America, Appellee, v. James TAVANO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 29, 1993.


Attorney(s) appearing for the Case

Kimberly Homan, with whom Sheketoff & Homan, Boston, MA, was on brief, for defendant, appellant.

Brien T. O'Connor, Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., Boston, MA, was on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.


SELYA, Circuit Judge.

This appeal requires us to clarify a sentencing court's obligations in resolving evidentiary disputes over drug quantity. Because we understand the court below to have fashioned a per se rule giving controlling effect to trial testimony, come what may, and because the court, in fidelity to its self-hewn rule, did not meaningfully consider conflicting evidence proffered by the defense, we vacate appellant's sentence and remand for resentencing...

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