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U.S. v. DAVIS

No. 08-16617.

587 F.3d 1300 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Emerson O. DAVIS, a.k.a. Mercy, a.k.a. John Calvin, a.k.a. Dred, a.k.a. Stanford Robinson, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 18, 2009.

Attorney(s) appearing for the Case

William VanDercreek, Tallahassee, FL, for Emerson.

Robert G. Davies, Pensacola, FL, Terry Flynn, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.

Before BLACK, WILSON and COX, Circuit Judges.

PER CURIAM:

The central issue in this case is whether the district court's adoption at sentencing of the facts stated in Appellant Emerson Davis's Presentence Investigation Report (PSI) constituted a finding that Davis was responsible for conduct involving more than 4.5 kilograms of cocaine base. During the sentencing hearing, the district court only expressly found Davis responsible for more than 1.5 kilograms of cocaine base. The undisputed facts contained in the...

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