Court Can Enhance Sentence Despite Jury's Verdict, Tenth Holds

U.S. v. Miller, 2006 WL 3117912 (11/3/06)(unpub'd) - The 10th reverses the d.ct,'s refusal to impose enhancements based on a misunderstanding of Booker. The d.ct. mistakenly believed it could not impose the enhancements without jury findings to justify the enhancements. The d.ct. was free to enhance the sentence, regardless of the jury's verdict.