Whether the government failed to prove the drug quantity used to determine the defendant's base offense level by a preponderance of the evidence, in violation of the Sixth Amendment Confrontation Clause

QUESTION PRESENTED FOR REVIEW The Appellant’s Appeal was denied on June 1, 2021 by the Sixth Circuit Court of Appeals. In this case, the Appellant raised one (1) issue for determination by the Appellate Court and this Honorable Court. The Defendant objected to the amount of Methamphetamine estimated by the Presentence Report for sentencing purposes. When the Appellant objected to the amount of Methamphetamine used to determine his Base Offense Level by Relevant Conduct, the Government did not present any evidence to support the Presentence Report’s amount. Once an objection has been made the Government must prove the amount of drugs for sentencing purposes by a preponderance of the evidence. The Government must prove by a preponderance of the evidence the quantity of drugs involved in an offense, see US v. McReynolds, 964, F.3d 555, 563 (6" Circuit 2020). The Government presented no evidence at the sentencing hearing to support the amount of drugs estimated in the Presentence Report, the Government did not call the agent that had taken the statement from the Appellant. The Government failed to provide the proof needed to determine the amount of Methamphetamine used to determine Base Offense Level. The amount that was seized from the Appellant was only a fraction of the amount used to determine the Base Offense Level. A use of a witness is required by the 6" Amendment Confrontation Clause. 1