What is the test for vacating a sentence for failing to comply with Rule 32 and remand for resentencing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wright, 925 F.2d 1472 (9th Cir. 1991):
This court has held that "Strict compliance with the Rule is required. We have consistently and frequently stated that when the district court failed to make the required Rule 32 findings or determinations at the time of sentencing, we must vacate the sentence and remand for resentencing." United States v. Fernandez-Angulo, 897 F.2d 1514, 1516 (9th Cir.1990) (en banc).
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