Richard Parrish v. United States
DueProcess CriminalProcedure
Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support?
QUESTIONS PRESENTED FOR REVIEW Sentences based on unreliable information violate Due Process, see United States v. Tucker, 404 U.S. 448, 447 (1972); Townsend v. Burke, 334 U.S. 736, 741 (1948), and sentencing factors must be supported by sufficient indicia of reliability, see Gall v. United States, 552 U.S. 38 (2007); United States v. Watts, 519 U.S. 148 (1997). Richard Parrish’s sentence was based, in part, on a finding of fact that both parties agreed was unfounded. Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support? 2