Sentences based on unreliable information violate Due Process, see United States v. Tucker, 404 U.S. 443, 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?

Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support?