Booker Relief for Drug Defendant; Gov't Denied A Second Chance to Prove Quantity

U.S. v. Spencer, 2005 WL 2651377 (10/18/05)(unpub'd) - The 10th overturns a drug quantity determination on constitutional Booker grounds. Most importantly, the 10th prohibits the government from presenting additional evidence on remand to support the quantity determination because the defendant gave the government plenty of notice that its evidence was inadequate and the government didn't do anything to supplement its evidence.