FN. 2 Our discussion of the sophisticated means enhancement in no way suggests that a sentencing court must apply such an enhancement even where it might otherwise have been appropriate. It is clear that in the post Booker universe,
the district court is free to reject all such enhancements in the appropriate exercise of its discretion. Moreover, to the extent the sentencing court may decide to enhance a sentence based upon factors such as those incorporated into the sophisticated means enhancement, it must rely only upon conduct admitted by the defendant or found by the fact finder based upon proof beyond a reasonable. That fact finder must be a jury unless a defendant waives his/her right to a jury trial.
Case summaries of recently decided Third Circuit criminal law cases and other relevant updates provided by Federal Defenders and CJA Panel Attorneys.
Friday, April 15, 2005
Fascinating Footnote re Booker
As noted on Prof. Berman's blog, the Third Circuit in a not-precedential opinion, US v. King (No. 03-4715, 4/14/05), has attached a fascinating footnote about Booker which seems to say that the district courts cannot apply enhancements unless they were found by the jury beyond a reasonable doubt or admitted by the defendant. (The Circuit remanded for resentencing in light of Booker.) Here is the footnote:
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before Fleeing
In United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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Third Circuit Finds Defendant Was Not Seized Where He Briefly Paused and Raised Hands Before FleeingIn United States v. Amos , ---F. 4th---, 2023 WL 8636910 (3d Cir. Dec. 14, 2023), the Third Circuit affirmed a district court's denial o...
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In United States v. Packer , 83 F.4th 193 (3d Cir. Sept. 26, 2023), https://www2.ca3.uscourts.gov/opinarch/222554p.pdf , the ...
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In Rogers v. Superintendent Greene SCI , --- F.4th ----, 2023 WL 5763346 (3d Cir. Sept. 7, 2023), available here , the Third Circuit rever...
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