Sentence enhancement based on judge-found fact of defendant’s probation status does not violate Booker
SENTENCING United States v. Corchado, No. 04-2340, ___ F.3d ___ (10th Cir. Oct. 25, 2005)(New Mexico). Appeal of conviction and sentence for distributing heroin in violation of 21 U.S.C. § 841(a)(1) and using minor to commit drug offense in violation of 21 U.S.C §§ 861(a)(1) and (b). HELD: District court did not err by adding two criminal history points to defendant’s sentence calculation under U.S.S.G. § 4A1.1(d) for being on probation at time of offense. Facts of prior conviction and their subsidiary facts such as defendant’s probationary status do not implicate Sixth Amendment rights as articulated in United States v. Booker, 123 S.Ct. 738 (2005). Read the opinion here. |
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