United States Second Circuit

After US v. Booker, district courts may continue to calculate guidelines sentences and sentence defendants based on facts not alleged in the indictment without violating the Fifth or the Sixth Amendment, as long as those facts do not increase the penalty beyond the prescribed statutory maximum sentence or trigger a mandatory minimum sentence that simultaneously raises a corresponding maximum.

Appellate Information

• Decided 01/13/2006
• Published 01/17/2006

Judges

• SOTOMAYOR, Circuit Judge., Before:  MESKILL, SOTOMAYOR, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Roberto Finzi (Michael Garcia, United States Attorney for the Southern District of New York, Peter G. Neiman, Assistant United States Attorney, of counsel), New York, NY, for Appellee., Bruno C. Bier, Bajaj & Associates, PLLC, New York, NY, for Defendant-Appellant.