Whether a district court may require a defendant to present his own evidence refuting a presentence investigation report's factual claims leading to a Sentencing Guideline enhancement

QUESTION PRESENTED | Whether a district court may, consistent with the Due Process Clause of the | Fifth Amendment and Rule 32 of the Federal Rules of Criminal Procedure, | require a defendant to present his own evidence refuting a presentence inves| tigation report’s factual claims leading to a Sentencing Guideline enhance| ment-—as the First, Fifth, and Sixth Circuits allow-—or may not-——as the Second, Eighth, Ninth, and Eleventh Circuits have held. | | | | 1