Does reliance on materially false or unreliable information constitute an abuse of discretion?

MultiRegion, United States of America

The following excerpt is from U.S. v. Perry, 940 F.2d 670 (9th Cir. 1991):

A district court has broad discretion regarding what evidence to consider for sentencing purposes. We will not reverse unless we find an abuse of discretion. Reliance on materially false or unreliable information constitutes an abuse of discretion. United States v. Messer, 785 F.2d 832, 834 (9th Cir.1986). Due process requires that the district court impose an individualized sentence, commensurate with each defendant's particular conduct and circumstances, rather than one based generally on the type of crime for which the defendant has been convicted. United States v. Barker, 771 F.2d 1362, 1365-67 (9th Cir.1985).

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