A sentencing judge who has presided over a co-offender's trial cannot use evidence from that trial to supplement or contradict the agreed facts in sentencing another offender, absent express or implicit agreement. The fact that sentencing proceedings are heard together does not make evidence from one proceeding available in another. Errors in fact-finding that have the 'capacity to affect' the sentence are material, even if it is doubtful they actually affected the sentence imposed.
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