United States Ninth Circuit

US v. Booker has no impact on the due process concerns which require that enhancements resulting in disproportionate, albeit advisory, Guidelines sentences find support in facts established by clear and convincing evidence. A sentence for conspiracy to manufacture methamphetamine is vacated where the district court failed properly to take account of the appropriate factors when applying a sentencing guidelines enhancement for creating a substantial risk of harm to human life or the environment.

Appellate Information

• Argued 12/06/2005
• Decided 06/07/2006
• Published 06/07/2006

Judges

• BERZON, Circuit Judge:, Before: GOULD and BERZON, Circuit Judges, and SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• June Lord, Great Falls, MT, for defendant-appellant Sue Ellen Staten., William W. Mercer, United States Attorney, and Joseph E. Thaggard, Assistant United States Attorney, United States Attorney's Office, Great Falls, MT, for plaintiff-appellee United States of America.