Is a sentencing judge's sentencing based on a foundation that is extensively and materially false?

Although a sentencing judge has broad discretion to hear a variety of evidence normally inadmissible during trial, pronouncement of sentence on a foundation "extensively and materially false ... renders the proceeding lacking in due process." Townsend v. Burke, 334 U.S. 736, 741, 68 S.Ct. 1252, 1255, 92 L.Ed. 1690 (1948).

We have developed a two prong test which criminal defendants must meet to show a due process violation. The defendant must show 1) that the challenged information is materially false or unreliable. Farrow v. United States, 580 F.2d 1339, 1359 (9th Cir.1978) (en banc); and 2) that the sentencing judge relied, at least in part, on this information. Id. at 1359; United States v. Rachels, 820 F.2d 325, 328 (9th Cir.1987) (per curiam).