What is the test for a motion to vacate a sentence based on a controverted fact?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gonzalez, 968 F.2d 1221 (9th Cir. 1992):
If the district court states that it will not rely on a controverted fact in its sentencing determination, the record must unambiguously reflect that the court did not consider the controverted fact in sentencing the defendant. United States v. Fernandez-Angulo, 897 F.2d 1514, 1516 n. 2 (9th Cir.1990) (en banc). "If the record is ambiguous in this regard, the sentence must be vacated and remanded for resentencing." Id.
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