Can a federal district court rely on "materially false or unreliable information" at sentencing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Robbin, 87 F.3d 1325 (9th Cir. 1996):
At sentencing, the district court may violate a defendant's due process rights by relying on "materially false or unreliable information." Id. To demonstrate a violation of due process, the defendant must show the information is "(1) false or unreliable, and (2) demonstrably made the basis for the sentence." Id.; see also United States v. Ruster, 712 F.2d 409, 412 (9th Cir.1983).
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