What is the test for determining whether a defendant has shown that the challenged information was the basis for the sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Lewis, No. 19-30130 (9th Cir. 2020):
To determine whether a defendant has shown that the challenged information "demonstrably made the basis for the sentence," Vanderwerfhorst, 576 F.3d at 935-36, we "read the record and decide whether reliance on the . . . information . . . probably did occur." United States v. Corral, 172 F.3d 714, 716 (9th Cir. 1999). "[T]he court must have "made it abundantly clear that (the challenged information) was the basis for its sentence." United States v. Hill, 915
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