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U.S. v. RODRIGUEZ

No. 17-10233.

921 F.3d 1149 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Emilio Huaracha RODRIGUEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2019.

Attorney(s) appearing for the Case

Jason Hitt (argued), Assistant United States Attorney; Camil A. Skipper , Appellate Chief; McGregor Scott , United States Attorney; United States Attorney's Office, Sacramento, California; for Plaintiff-Appellant.

John P. Balazs (argued), Sacramento, California, for Defendant-Appellee.

Dissent by Judge Cardone.

OPINION

Our central question is whether uncontested drug quantities in a court-adopted presentence investigation report ("PSR") constitute specific drug quantity findings that bind district courts in subsequent 18 U.S.C. § 3582(c)(2) sentence reduction proceedings. We clarify that, without an explicit and specific...

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