United States Third Circuit

A sentence for firearm-related offenses is affirmed over claims that: 1) it was imposed in violation of Booker, and it denied defendant his Sixth Amendment right to a jury trial because it was based upon facts found by a judge at his sentencing hearing that he had not admitted in his plea colloquy; and 2) the district court erred in admitting a police report into evidence at the sentencing hearing because it bore no "indicia of reliability".

Appellate Information

• Decided 06/29/2007
• Published 06/29/2007

Judges

• Before:  SLOVITER, FISHER, Circuit Judges, and THOMPSON, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Dennis E. Boyle, Camp Hill, PA, for Appellant.


• For Appellees:
  
• Thomas A. Marino, United States Attorney, Theodore B. Smith, III, Eric Pfisterer, Assistant United States Attorneys, Harrisburg, PA, for Appellee.