U.S. v. KOVAC

No. 03-10389.

367 F.3d 1116 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. John Gilbert KOVAC, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2004.


Attorney(s) appearing for the Case

Art Allen, Assistant Federal Public Defender, Las Vegas, NV; Franny A. Forsman, Federal Public Defender, Las Vegas, NV; Jason F. Carr, Assistant Federal Public Defender, Las Vegas, NV, for the appellant.

Thomas Dougherty, Assistant United States Attorney, Las Vegas, NV; Daniel G. Bogden, United States Attorney, Las Vegas, NV; Karyn Kenny, Assistant United States Attorney, Las Vegas, NV, for the appellee.

Before: WALLACE, KOZINSKI, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

This case presents the question, inter alia, whether a statement in a state pre-trial sentence report describing a conversation between the defendant and a law enforcement officer is sufficient to designate the defendant as a career offender under U.S.S.G. § 4B1.1. Under the circumstances presented by this case, we hold that it is not, and vacate the sentence imposed by the district court.

I

On October 24, 2000...

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