United States v. Gary White ( 2017 )

FILED
NOT FOR PUBLICATION
OCT 12 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50113
Plaintiff-Appellee, D.C. No.
2:10-cr-00923-SJO-1
v.
GARY WHITE, AKA Big J-Killa, AKA MEMORANDUM*
Big Killa, AKA JC, AKA James Cail
White, AKA JC White,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Argued and Submitted August 8, 2017
Pasadena, California
Before: REINHARDT, KOZINSKI and CHRISTEN, Circuit Judges.
1. “[T]he district court may not contradict an affirmative finding by the
jury.” United States v. Pimentel-Lopez, 859 F.3d 1134, 1143 (9th Cir. 2016) (as
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
page 2
amended). The district court here erred by sentencing White based on a higher
drug weight than the jury found in its special verdict. See id. at 1140.
2. The district court also erred by relying on evidence outside the record
without notifying White in advance. See United States v. Warr, 530 F.3d 1152,
1162–63 (9th Cir. 2008).
VACATED AND REMANDED.