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U.S. v. HERNANDEZ

No. 07-1134.

544 F.3d 743 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Javier HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 2008.

Attorney(s) appearing for the Case

Richard N. Cox (argued), Office of the United States Attorney, Urbana, IL, for Plaintiff-Appellee.

Frederick F. Cohn (argued), Chicago, IL, for Defendant-Appellant.

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Javier Hernandez pled guilty to conspiring to knowingly distribute cocaine. In the plea agreement, the parties agreed to have the district court determine, beyond a reasonable doubt, the quantity of drugs for which Hernandez would be held accountable in determining his sentence. Because it is unclear how the district court arrived at its drug quantity calculation, we cannot determine whether the government met its burden so we find that the...

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