United States Fourth Circuit

District court committed Sixth Amendment error where defendant neither admitted facts underlying four-level enhancement, nor were facts proved to a jury beyond a reasonable doubt. However, where district court issued an alternative identical sentence treating Guidelines as advisory only, any error was harmless.

Appellate Information

• Argued 02/03/2006
• Decided 05/01/2006
• Published 05/01/2006

Judges

• Before WILKINSON, LUTTIG, and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen Clayton Gordon, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant.  Anne Margaret Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant.  Frank D. Whitney, United States Attorney, Christine Witcover Dean, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.