What is the test for a sentence vacated by a federal judge when the sentencing was based on material false or unreliable information?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hull, 792 F.2d 941 (9th Cir. 1986):
A defendant's due process rights are violated when a trial judge relies on materially false or unreliable information in sentencing. United States v. Messer, 785 F.2d 832, 834 (9th Cir.1986). A sentence must be vacated if it was based on information that lacks "some minimal indicium of reliability beyond mere allegation." United States v. Ibarra, 737 F.2d 825, 827
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