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U.S. v. GRIER

No. 05-1698.

475 F.3d 556 (2007)

UNITED STATES of America v. Sean Michael GRIER, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 5, 2007.

Attorney(s) appearing for the Case

Ronald A. Krauss (Argued), Office of Federal Public Defender, Harrisburg, PA, Attorney for Appellant, Sean Michael Grier.

Christian A. Fisanick, Office of United States Attorney, Scranton, PA, Theodore B. Smith, III (Argued), Eric Pfisterer, Kimberly A. Kelly, Office of United States Attorney, Harrisburg, PA, Attorneys for Appellee, United States of America.

Lawrence S. Lustberg, Michael A. Baldassare, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Attorneys for Amicus-Appellant, National Association of Federal Defenders and National Association of Criminal Defense Lawyers.

Before SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES and VAN ANTWERPEN, Circuit Judges.

Argued En Banc September 13, 2006.*

OPINION OF THE COURT

FISHER, Circuit Judge.

The Supreme Court held in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that facts relevant to the advisory United States Sentencing Guidelines need not be submitted to a jury. We now confirm that these facts likewise do not require proof beyond a reasonable doubt.

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