United States Second Circuit

Defendant's sentence is vacated where his Sixth Amendment rights were violated when the district court increased his sentence above the applicable US Sentencing Guidelines range based in part on facts not proven to the jury beyond a reasonable doubt.

Appellate Information

• Argued 01/31/2005
• Decided 06/20/2005
• Published 06/20/2005

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, CARDAMONE, Circuit Judge, and OWEN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mary Anne Wirth, Bleakley, Platt & Schmidt, LLP, White Plains, NY, for Appellant.


• For Appellees:
  
• Jason M. Weinstein, Special Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Celeste L. Koeleveld, Assistant United States Attorney, on the brief), New York, NY, for Appellee.