U.S. v. JIMENEZ

Docket No. 05-2221-CR.

451 F.3d 97 (2006)

UNITED STATES of America, Appellee, v. Nelson JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2006.


Attorney(s) appearing for the Case

Henry J. Steinglass, New York, NY, for Defendant-Appellant.

Harry Sandick, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, and Karl Metzner, Assistant United States Attorney, on the brief), New York, NY, for Appellee.

Before WALKER, Chief Judge, NEWMAN and SOTOMAYOR, Circuit Judges.


PER CURIAM.

In United States v. Booker, the Supreme Court held that the mandatory application of the Sentencing Guidelines violates the Sixth Amendment where any fact found by a judge (other than a prior conviction) is necessary to support a sentence greater than that authorized by the facts found solely by a jury or admitted by the defendant. 543 U.S. 220, 244, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The Court-fashioned remedy...

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