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U.S. v. Leahy, No. 03-4490 (3rd Cir.) (438 F.3d 328) (February 15, 2006) (Judge Julio M. Fuentes)

Here, a divided en banc court held that Blakely and Booker are inapplicable to both restitution and to forfeiture issues, stating in part: "Because, in our view, restitution under the VWPA and the MVRA is not the type of criminal punishment that evokes Sixth Amendment protection under Booker, we conclude …

 

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