U.S. v. Gibbs

Dist. Ct. erred in sentencing defendant to 200-month term of incarceration on drug conspiracy charge, where said sentence was based, in part, on finding that defendant was responsible for 4.5 kilograms of methamphetamine. Defendant admitted to having role in only 500-grams quantity of methamphetamine, and government failed to present any evidence to support prosecutor’s last-minute claim that defendant was responsible for 4.5 kilograms of methamphetamine. As such, defendant was entitled to new sentencing hearing based on lower guideline range based on 500-gram quantity, and government will not be permitted to present new evidence to support higher quantity finding. Fact that instant sentence fell within lower guideline range applicable to 500-gram quantity finding did not require different result.