U.S. v. Yang

Dist. Ct. did not err in sentencing defendant to 30-month term of incarceration on drug distribution charge, even though said sentence was based, in part, on Dist. Ct.’s consideration of audio file of recorded phone call between defendant and co-conspirator that supported presentence report’s inclusion of one ounce of methamphetamine in drug quantity calculation. Record showed that both defendant and his counsel had acknowledged that they had listened to said recording prior to sentencing, and Ct. rejected defendant’s claim that Dist. Ct. committed reversible error because said audio file was not publicly available on court’s electronic docket.