Ruling that Enhanced Sentence of Psychiatrist and Office Manager for Testifying Falsely at Fraud Trial, Without Jury Having Made This Factual Finding, Reversed, Remanded for Further Consideration

United States v. Mitrione, 357 F.3d 712 (7th Cir. 2004), vacated & remanded for further consideration in light of United States v. Booker (2005).  United States v. Booker, 125 S. Ct. 738 (2005)

Under the Federal Sentencing Guidelines, the sentence authorized by a jury verdict could be enhanced by.the presiding judge at the sentencing hearing if the judge found that additional facts delineated by the guidelines existed. In United States v. Booker (2005), the Supreme Court struck down these guidelines to the extent that they imposed binding requirements on sentencing judges but were based on facts that had not been determined by a jury...

Found in DMHL Volume 24 Issue 2