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U.S. v. BOYD

No. 01-3142.

289 F.3d 1254 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Shannon Maurice BOYD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 16, 2002.

Attorney(s) appearing for the Case

David J. Phillips, Federal Public Defender, and Melody Evans, Assistant Federal Public Defender, Office of the Federal Public Defender, Topeka, KS, for Defendant-Appellant Shannon Maurice Boyd.

James E. Flory, United States Attorney, and Nancy Landis Caplinger, Assistant United States Attorney, United States Attorney's Office, Topeka, KS, for Plaintiff-Appellee United States of America.

Before HENRY, BRISCOE, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

Shannon Maurice Boyd appeals his sentence for cocaine distribution. Because we conclude that the district court, in calculating Mr. Boyd's sentence, improperly relied on facts outside the record, we vacate Mr. Boyd's sentence and remand for re-sentencing.1

I. BACKGROUND

The United States charged Mr. Boyd with three counts of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1). Counts...

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