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U.S. v. SYLVESTER NORMAN KNOWS HIS GUN, III

No. 04-30302.

438 F.3d 913 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. SYLVESTER NORMAN KNOWS HIS GUN, III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2006.

Attorney(s) appearing for the Case

Anthony R. Gallagher and Robin Hammond, Federal Defenders of Montana, Billings, Montana, for the defendant-appellant.

William M. Mercer, United States Attorney, and Marcia Herd, Assistant United States Attorney, Billings, Montana, for the plaintiff-appellee.

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

GOULD, Circuit Judge:

Defendant Sylvester Knows His Gun, III ("Knows His Gun") appeals the district court's imposition of his sentence, contending that two sentencing enhancements violated the Sixth Amendment because the factual basis for them was not proven to a jury or admitted by Knows His Gun. See United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 756, 160 L.Ed.2d 621 (2005). He also seeks a remand under United States...

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