United States Fourth Circuit

Defendants' sentences on murder-for-hire charges are vacated where, under Booker, the district court plainly violated the Sixth Amendment in mandatorily enhancing defendants' sentences based on judge-found facts, and the error seriously affects the fairness, integrity or public reputation of judicial proceedings.

Appellate Information

• Decided 12/30/2005
• Published 12/30/2005

Judges

• Before WILLIAMS and MICHAEL, Circuit Judges, and JAMES C. DEVER III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Craig Weston Sampson, Richmond, Virginia;  Randy Virlin Cargill, Magee, Foster, Goldstein & Sayers, P.C., Roanoke, Virginia, for Appellants.  Thomas Ernest Booth, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Thomas K. Maher, Chapel Hill, North Carolina, for Appellant Leo Hinson.  John L. Brownlee, United States Attorney, Donald R. Wolthuis, Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.