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U.S. v. GRIER

No. 05-1698.

449 F.3d 558 (2006)

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

United States Court of Appeals, Third Circuit.

Filed June 6, 2006.

Attorney(s) appearing for the Case

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

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

Before SCIRICA, Chief Judge, SLOVITER and FISHER, Circuit Judges.

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 do not implicate the constitutional right to trial by jury. We now confirm that these facts likewise do not implicate the constitutional right to proof beyond a reasonable doubt.

I.

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