U.S. v. MILAM

Nos. 04-4224, 04-4225.

443 F.3d 382 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jason Oma MILAM, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Dewayne Lee Milam, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 2006.


Attorney(s) appearing for the Case

ARGUED: Jonathan David Byrne, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. John Lanier File, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Beckley, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger, Federal Public Defender, Charleston, West Virginia, for Appellant Jason Oma Milam; Jason D. Parmer, Hinton, West Virginia, for Appellant Dewayne Lee Milam. Kasey Warner, United States Attorney, Charleston, West Virginia, for Appellee.

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.


Vacated and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Gregory joined. Judge Shedd wrote an opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge.

In these cases, we hold that facts stated in a presentence report may not, at sentencing, be deemed to be admissions by the defendant sufficient to bypass the Sixth Amendment right to a jury trial as articulated in United States v. Booker...

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