Court of Appeals for the Eighth Circuit April 8, 1996, 95-2675 (United States v. Melford Burke, Jr.)

LOKEN, Circuit Judge.

Once again, we deal with a sentencing appeal in which an Assistant U.S. Attorney failed to comply with our cases holding that, when fact statements in a presentence investigative report (PSR) are challenged by the defendant, the PSR itself is not evidence and the government must prove those facts at the sentencing hearing.

See

Fed.R.Crim.P. 32(e)(1).