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U.S. v. BURKE

No. 95-2675.

80 F.3d 314 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Melford BURKE, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 8, 1996.

Attorney(s) appearing for the Case

Scott F. Tilsen, Minneapolis, MN, argued (Virginia Villa, on the brief), for Defendant-Appellant.

Kenneth Wayne Saffolk (argued), Minneapolis, MN, for Plaintiff-Appellee.

Before BOWMAN and LOKEN, Circuit Judges, and SCHWARZER, District Judge.

LOKEN, Circuit Judge.

Once again, we deal with a sentencing appeal in which an Assistant U.S. Attorney failed to comply with our cases holding that, when fact statements in a presentence investigative report (PSR) are challenged by the defendant, the PSR itself is not evidence and the government must prove those facts at the sentencing hearing. See Fed.R.Crim.P. 32(c)(1). Once again, we remand for resentencing, as we did in United States v. Beatty, ...

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