United States v. Paula D. Hudson, 129 F.3d 994 (8th Cir. 1997). · Go Syfert
United States v. Paula D. Hudson, 129 F.3d 994 (8th Cir. 1997). Cases Citing This Book View Copy Cite
74 citation events (64 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Yusuf Jones (ca8, 2025-07-31)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Yusuf Jones
8th Cir. · 2025 · confidence medium
A district court cannot “bas[e] a sentence on unproven, disputed allegations rather than facts,” and any factual finding “without record support [is] clearly erroneous.” United States v. Richey, 758 F.3d 999, 1002 (8th Cir. 2014) (alteration in original) (emphasis omitted) (quoting United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997)).
cited Cited as authority (rule) United States v. Julie Andrade
8th Cir. · 2019 · confidence medium
United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (per curiam).
discussed Cited as authority (rule) United States v. Christina Richey (2×)
8th Cir. · 2014 · confidence medium
Gall expressly prohibits district courts from “selecting a sentence based on clearly erroneous facts,” id. at 51, 128 S.Ct. 586 (emphasis added), and a district court finding “without record support [is] clearly erroneous,” United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (per curiam) (emphasis added).
discussed Cited as authority (rule) United States v. Laquann Dawn
8th Cir. · 2012 · confidence medium
“It seems that our distinction rest[s] upon the clarity of the issue below and whether we deem[ ] the government’s failure of proof at the initial sentencing to be excusable.” Id. (permitting an expansion of the record on resentencing given the vagueness of the defendant’s objections); see also Archer, 671 F.3d at 168 -69 (citing United States v. Noble, 367 F.3d 681, 682 (7th Cir.2004) (collecting circuit court cases both applying the general rule and creating exceptions for it)); United States *799 v. Gammage, 580 F.3d 777, 779-80 (8th Cir.2009) (remanding for resentencing based on th…
discussed Cited as authority (rule) United States v. Archer
2d Cir. · 2011 · confidence medium
United States v. Noble, 367 F.3d 681, 682 (7th Cir.2004) (holding that the “the government is not permitted on remand to try again and submit new evidence in a belated effort to carry its burden” where the “government knew what it was required to introduce”); United States v. Matthews, 278 F.3d 880, 885-86 (9th Cir.2002) (adopting a policy of remand “without limitation on the evidence that the district court may consider” unless, inter alia, “there was a failure of proof after a full inquiry into the factual question at issue”); United States v. Hudson, 129 F.3d 994, 995 (8th C…
discussed Cited as authority (rule) United States v. Spitsyn
2d Cir. · 2010 · confidence medium
E.g., United States v. Noble, 367 F.3d 681, 682 (7th Cir.2004); United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997); United States v. Leonzo, 50 F.3d 1086, 1088 (D.C.Cir.1995); United States v. Dickler, 64 F.3d 818, 832 (3d Cir.1995); United States v. Parker, 30 F.3d 542, 553-54 (4th Cir.1994).
cited Cited as authority (rule) United States v. Maximo Pineda-Buenaventura
7th Cir. · 2010 · confidence medium
The defendants’ briefs both cite a single case, United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997), to support their argument.
cited Cited as authority (rule) United States v. Pineda-Buenaventura
7th Cir. · 2010 · confidence medium
The defendants’ briefs both cite a single case, United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997), to support their argument.
discussed Cited as authority (rule) United States v. Gerald Gammage
8th Cir. · 2009 · confidence medium
See United States v. Poor Bear, 359 F.3d 1038, 1043-44 (8th Cir. 2004); United States v. Houston, 338 F.3d 876, 882 (8th Cir. 2003); United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (per curiam).
discussed Cited as authority (rule) United States v. Gammage
8th Cir. · 2009 · confidence medium
See United States v. Poor Bear, 359 F.3d 1038, 1043-44 (8th Cir.2004); United States v. Houston, 338 F.3d 876, 882 (8th Cir.2003); United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (per curiam).
discussed Cited as authority (rule) United States v. Brown
10th Cir. · 2007 · confidence medium
See United States v. Campbell, 372 F.3d 1179, 1182 (10th Cir.2004) (“we decline to give [the government] a second bite at the apple .... [o]ur reversal and remand for resentencing here does not invite an open season for the government to make the record that it failed to make in the first instance”) (internal citations and quotations omitted); see also United States v. Poor Bear, 359 F.3d 1038, 1043 (8th Cir.2004) (directing that “resentencing be conducted on the existing record without the opportunity to reopen or add to the record”); United States v. Noble, 367 F.3d 681, 682 (7th Cir…
cited Cited as authority (rule) United States v. William E. Dunlap
8th Cir. · 2006 · confidence medium
See United States v. Poor Bear, 359 F.3d 1038, 1043-44 (8th Cir. 2004); United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (per curiam).
cited Cited as authority (rule) United States v. William E. Dunlap
8th Cir. · 2006 · confidence medium
See United States v. Poor Bear, 359 F.3d 1038, 1043-44 (8th Cir. 2004); United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (per curiam).
discussed Cited as authority (rule) United States v. Jeffrey Sorrells
8th Cir. · 2005 · signal: cf. · confidence medium
Cf. United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (precluding the government from introducing additional evidence on remand because defendant made an unambiguous objection to factual allegations in the PSR).
discussed Cited as authority (rule) United States v. Jeffrey Sorrells
8th Cir. · 2005 · signal: cf. · confidence medium
Cf United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (precluding the government from introducing additional evidence on remand because defendant made an unambiguous objection to factual allegations in the PSR).
cited Cited as authority (rule) United States v. Hopkins
D. Kan. · 2005 · confidence medium
See United States v. Noble, 367 F.3d 681, 682 (7th Cir.2004); United States v. Poor Bear, 359 F.3d 1038, 1043-44 (8th Cir.2004) (Discussing United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997)).
cited Cited as authority (rule) United States v. Keith Clayton Mesner
8th Cir. · 2004 · confidence medium
United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997).
cited Cited as authority (rule) United States v. Keith Clayton Mesner
8th Cir. · 2004 · confidence medium
United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997).
cited Cited as authority (rule) United States v. Campbell
10th Cir. · 2004 · confidence medium
See United States v. Noble, 367 F.3d 681, 682 (7th Cir.2004); United States v. Poor Bear, 359 F.3d 1038, 1043-44 (8th Cir.2004) (discussing United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997)).
discussed Cited as authority (rule) United States v. Delaney Poor Bear (2×) also: Cited "see"
8th Cir. · 2004 · confidence medium
For reversal, Poor Bear relies on a line of authority that stands for the well-established proposition that “when the defendant makes a timely objection to the PSR, ‘[i]f the sentencing court chooses to make a finding with respect to the disputed facts, it must do so on the basis of evidence, and not the presentence report.’ ” United States v. Hudson, 129 F.3d 994, 994 (8th Cir.1997) (per curiam) (quoting United States v. Burke, 80 F.3d 314, 316 (8th Cir.1996)); Fed.R.Crim.P. 32(i)(3).
discussed Cited as authority (rule) United States v. Delaney Poor Bear (2×) also: Cited "see"
8th Cir. · 2004 · confidence medium
For reversal, Poor Bear relies on a line of authority that stands for the well- established proposition that “when the defendant makes a timely objection to the PSR, ‘[i]f the sentencing court chooses to make a finding with respect to the disputed facts, it must do so on the basis of evidence, and not the presentence report.’” United States v. Hudson, 129 F.3d 994, 994 (8th Cir. 1997) (per curiam) (quoting United States v. Burke, 80 F.3d 314, 316 (8th Cir. 1996); Fed.
discussed Cited as authority (rule) United States v. Donald Lee Houston
8th Cir. · 2003 · confidence medium
As with all fact-intensive sentencing issues, if the defendant makes a timely objection to the drug quantity determination in the PSR, “if the sentencing court -3- chooses to make a finding with respect to the disputed facts, it must do so on the basis of evidence, and not the presentence report.” United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (quotation omitted).
discussed Cited as authority (rule) United States v. Donald Lee Houston, Also Known as Pete Houston
8th Cir. · 2003 · confidence medium
As with all fact-intensive sentencing issues, if the defendant makes a timely objection to the drug quantity determination in the PSR, “if the sentencing court chooses to make a finding with respect to the disputed facts, it must do so on the basis of evidence, and not the presentence report.” United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (quotation omitted).
discussed Cited as authority (rule) United States v. James Earl Matthews
9th Cir. · 2002 · confidence medium
Id. at 821-22 (citing United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (per curiam); United States v. Dickler, 64 F.3d 818, 832 (3d Cir.1995); United States v. Leonzo, 50 F.3d 1086, 1088 (D.C.Cir.1995); United States v. Parker, 30 F.3d 542, 553-54 (4th Cir.1994); United States v. Monroe, 978 F.2d 433, 435-36 (8th Cir.1992)).
examined Cited as authority (rule) United States v. James Earl Matthews (6×) also: Cited "see"
9th Cir. · 2001 · confidence medium
We therefore reverse and remand for resentencing on the record as it now stands. 9 See United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997).
cited Cited as authority (rule) United States v. Jim Guy Tucker
8th Cir. · 2000 · confidence medium
See, e.g., United States v. Ramirez, 196 F.3d 895, 898-99 (8th Cir. 1999); United States v. Shoff, 151 F.3d 889, 892-93 (8th Cir. 1998); United States v. Hudson, 129 F.3d 994, 994-95 (8th Cir. 1997).
cited Cited as authority (rule) United States v. Jim Guy Tucker
8th Cir. · 2000 · confidence medium
See, e.g., United States v. Ramirez, 196 F.3d 895, 898-99 (8th Cir.1999); United States v. Shoff, 151 F.3d 889, 892-93 (8th Cir.1998); United States v. Hudson, 129 F.3d 994, 994-95 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Edmond X. Ramirez
8th Cir. · 1999 · confidence medium
This appears to be reversible error because, “[a]s we have repeatedly held, when the defendant makes a timely objection to the PSR, if the sentencing court chooses to make a finding with respect to the disputed facts, it must do so on the basis of evidence, and not the presentence report.” United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (quotation omitted). -4- The government counters by arguing that Ramirez’s “vague and cryptic” objection did not allege any specific factual inaccuracies and therefore did not preclude the district court from adopting the PSR’s proposed f…
discussed Cited as authority (rule) United States of America v. Edmond Xavier Ramirez, Sr.
8th Cir. · 1999 · confidence medium
This appears to be reversible error because, “[a]s we have repeatedly held, when the defendant makes a timely objection to the PSR, if the sentencing court chooses to make a finding with respect to the disputed facts, it must do so on the basis of evidence, and not the pre-sentence report.” United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (quotation omitted).
discussed Cited "see" United States v. Mark Edward Myers
8th Cir. · 2006 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (holding when the government failed to present sufficient evidence at sentencing, the record would not be reopened at resentencing). -9- For the reasons stated herein, I respectfully dissent. ______________________________ -10-
discussed Cited "see" United States v. Mark Edward Myers (2×)
8th Cir. · 2006 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (holding when the government failed to present sufficient evidence at sentencing, the record would not be reopened at resentencing). 26 For the reasons stated herein, I respectfully dissent.
cited Cited "see" United States v. Mark Anthony Wright
8th Cir. · 2001 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (per curiam).
cited Cited "see" United States v. Mark Anthony Wright
8th Cir. · 2001 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997) (per curiam).
cited Cited "see" United States v. Matthews
9th Cir. · 2000 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 995 (8th Cir.1997).
cited Cited "see" United States v. Vincent Swain
8th Cir. · 2000 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 995 (8th Cir. 1997) (per curiam) (PSR is not evidence; clear error for district court to rely on disputed factual portions of PSR).
cited Cited "see" Medicare & Medicaid Guide P 45,914 United States of America v. Eleni H. Mayer, United States of America v. Kerry A. Mayer
8th Cir. · 1997 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 994-95 (8th Cir.1997) (per curiam).
cited Cited "see" United States v. Eleni Mayer
8th Cir. · 1997 · signal: see · confidence high
See United States v. Hudson, 129 F.3d 994, 994-95 (8th Cir.1997) (per curiam).
Retrieving the full opinion text from the archive…
UNITED STATES of AMERICA, Appellee,
v.
Paula D. HUDSON, Appellant
97-2182.
Court of Appeals for the Eighth Circuit.
Nov 5, 1997.
129 F.3d 994
1997 WL 697902
1997 U.S. App. LEXIS 30341
Thomas D. Carver, Springfield, MO, argued, for appellant., Bregg R. Coonrod, Assistant U.S. Attorney, Springfield, MO, argued (Stephen L. Hill, Jr., on the brief), for appellee.
Wollman, Loken, Hansen.
Cited by 42 opinions  |  Published
PER CURIAM.

Paula D. Hudson pleaded guilty to conspiring to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. After a sentencing hearing, the district court imposed a two-level enhancement under U.S.S.G. § 2D1.1(b)(1) (1995), finding that Hudson possessed a firearm in connection with her drug offense. Hudson appeals the resulting 151-month sentence, challenging the fact findings on which this enhancement was based. We remand for resentencing.

Hudson’s presentence investigation report (PSR) recited that on October 1, 1996, Hudson agreed to sell three pounds of methamphetamine to a prior customer, Donald Palmer, who was then cooperating with authorities. On October 3, one day before the agreed transaction, Palmer got into Hudson’s car, examined a one-gram sample, and discussed delivery of the larger quantity. During this conversation, Hudson had a handgun lying in her lap. The next day, while on her way to meet Palmer, Hudson was stopped by local police, who found a small packet containing 60.5 grams of methamphetamine on her person and a loaded pistol in the vehicle. The PSR recommended a § 2D1.1(b)(1) enhancement. Hudson objected to the firearm enhancement, denying that she possessed a firearm on October 3 and arguing that she was not participating in the drug offense when arrested on October 4.

At the sentencing hearing, the probation officer who prepared the PSR testified, over Hudson’s hearsay objection, that she had read a DEA agent’s report, and interviewed that agent, concerning Hudson’s arrest. The agent reported that, during the search of Hudson’s car after her arrest, police found a pistol in the seat next to Hudson, the only occupant of the car. The government offered no further sentencing evidence. The district court then adopted the findings in the PSR. The court further found that the pistol uncovered in Hudson’s vehicle on October 4 established a “pattern” because, as recited in the PSR, she had been in possession of a[*995] loaded firearm when arrested for possession of methamphetamine in November 1995, and displayed a weapon when she met with Palmer on October 3.

The district court’s finding that Hudson possessed a firearm on October 3, 1996, is without record support and therefore clearly erroneous. As we have repeatedly held, when the defendant makes a timely objection to the PSR, “[i]f the sentencing court chooses to make a finding with respect to the disputed facts, it must do so on the basis of evidence, and not the presentence report.” United States v. Burke, 80 F.3d 314, 316 (8th Cir.1996), quoting United States v. Greene, 41 F.3d 383, 386 (8th Cir.1994). Here, Hudson not only objected to the PSR’s recommended § 2D1.1(b)(1) enhancement, she specifically objected to the PSR’s assertion that she possessed a firearm during her October 3 meeting with Palmer. Given those objections, the PSR is not evidence as to the presence of a weapon during the October 3 incident, and the government introduced no other evidence to establish that disputed fact at the sentencing hearing. To the extent the district court relied on the October 3 incident to establish a “pattern,” its “pattern” finding is likewise flawed.

Accordingly, we remand this case for resentencing. Because we have clearly stated the governing principles as to when and how disputed sentencing facts must be proved, we direct that resentencing on remand be conducted on the existing sentencing record, with no opportunity for either party to reopen or add to that record. [1] We reject Hudson’s contention that the district court abused its discretion in admitting and crediting the probation officer’s hearsay testimony at the sentencing hearing. See U.S.S.G. § 6A1.3(a), p.s. (1995); United States v. Stavig, 80 F.3d 1241, 1247 (8th Cir.1996) (standard of review); United States v. Wise, 976 F.2d 393, 395-96, 403-04 (8th Cir.1992) (en banc), cert. denied, 507 U.S. 989, 113 S.Ct. 1592, 123 L.Ed.2d 157 (1993).

The judgment of the district court is reversed and the case is remanded for further sentencing proceedings not inconsistent with this opinion.

1

. It is unclear whether the DEA agent's written report, to which the probation officer referred in her testimony at the sentencing hearing, was made pari of the sentencing record in the district court. If so, the government failed to make it part of the record on appeal. If it was not part of the original sentencing record, it may not be made part of the sentencing record on remand.