U.S. v. Davison

Defendant was entitled to new hearing on his motion to reduce his 360-month sentence on crack cocaine distribution charges, where Dist. Ct. made relevant conduct finding that defendant was responsible for at least 16.9 kilograms of crack cocaine that had been sold by defendant and his two co-defendants. Defendant conceded responsibility for selling 4.5 kilograms of crack cocaine, but argued that he was not responsible for additional amounts of crack cocaine sold by others, and Dist. Ct. improperly based relevant conduct finding on question as to whether additional sales of crack cocaine made by others were reasonably foreesable to defendant, without making additional required finding as to whether defendant had agreed to help others in selling their crack cocaine.