United States Ninth Circuit

Defendant's sentence for discharging a firearm is affirmed where the imposition of the sentence through judicial factfinding utilizing a preponderance of the evidence standard did not violate the Sixth Amendment.

Appellate Information

• Argued 02/09/2005
• Decided 09/23/2005
• Published 09/23/2005

Judges

• LEAVY, Circuit Judge:, Before: O'SCANNLAIN, LEAVY, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael Donahoe, Federal Defenders of Montana, Helena, MT, for the defendant-appellant., Paulette L. Stewart, United States Attorney's Office, Helena, MT, for the plaintiff-appellee.