Defendant appealed the sentence imposed after he pleaded guilty, pursuant to a written plea agreement, to conspiring to distribute heroin. On appeal, defendant argued that his due process rights were violated at sentencing.
Where the district court relied upon the evidence and testimony presented at the sentencing hearing to resolve disputed portions of the presentencing report, defendant was properly afforded his due process rights.
Judgment is affirmed.
U.S. v. Jones (MLW No. 73632/Case No. 18-3284 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Ketchmark, J.