In United States v. Guerra, 14-1025, the Second Circuit affirmed by summary order the District Court’s methodology for determining the weight of oxycodone prior to sentencing. The District Court’s finding after relying on “documentary medical and telephone records, recorded conversations, and witness testimony regarding the methodology of the scheme” was a permissible view of the evidence and, therefore, not clear error.
The Circuit also rejected Guerra’s argument that the District Court’s reliance on acquitted conduct rendered his sentence unreasonable, holding that it is well-established that a court can rely sentence on the basis of acquitted conduct that is proven by a preponderance of the evidence.
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