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U.S. v. SAETEURN

No. 06-10401.

504 F.3d 1175 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Kae Chai SAETEURN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2007.

Attorney(s) appearing for the Case

Daniel J. Broderick, Federal Defender, Timothy Zindel, Assistant Federal Defender, Sacramento, CA, for the defendant-appellant.

McGregor W. Scott, United States Attorney, Anne E. Pings, Kyle Riordan, Assistant United States Attorneys, Sacramento, CA, for the plaintiff-appellee.

Before: HAWKINS, A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

BEA, Circuit Judge:

This case deals with sentencing practice. Specifically, is the sentencing judge required to resolve disputes regarding facts recited in the Presentence Investigation Report ("PSR"),1 when those facts do not affect the term of imprisonment imposed, but may affect how the sentence is served, including a possible early release from prison? We hold that there is no such requirement upon the sentencing judge. We also consider...

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