What is the test for a sentencing judge to determine a sentence based on an incorrect portion of the presentence report?

MultiRegion, United States of America

The following excerpt is from United States v. Johnston, 789 F.3d 934 (9th Cir. 2015):

Under Federal Rule of Criminal Procedure 32(i)(3)(B), the sentencing judge mustfor any disputed portion of the presentence report or other controverted matterrule on the dispute or determine that a ruling is unnecessary either because the matter will not affect sentencing, or because the court will not consider the matter in sentencing. In United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc), we held that it is a significant procedural error for a sentencing judge to choose a sentence based on clearly erroneous facts.

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