U.S. v. Fisher, No. 06-1795 (3rd Cir.) (502 F.3d 293) (September 10, 2007) (Judge Thomas Michael Hardiman)
In U.S. v. Kikumura, 918 F.2d 1084 (3rd Cir. 1990), a landmark sentencing decision, the Third Circuit held that, while the Due Process Clause of the Fifth Amendment ordinarily requires a district court to find facts that support a sentencing enhancement by a mere preponderance of the evidence, in cases ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login