United States Third Circuit

A sentence for drug-related offenses, imposed following a remand pursuant to Blakely, is affirmed over claims that: 1) the district court erred in finding that a certain drug delivery was within his relevant conduct and properly was included in the computation of his base offense level; 2)an "upward departure" did not follow the required ratcheting procedure and was unreasonable; and 3) the court erred in making findings of fact about his criminal history when he refused to stipulate to that history and a jury did not make a finding as to it.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• Before FISHER, CHAGARES, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jose L. Ongay, Philadelphia, PA, Attorney for Appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Kenya S. Mann, Robert A. Zauzmer, Assistant U.S. Attorneys, Chief of Appeals, Philadelphia, PA, Attorneys for Appellee.