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| United States v. Muhammad, No. 03-4757,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Overview: Defendant's sentence was vacated and remanded where defendant's base offense level was increased from 23 to 29 based on facts that the United States did not charge in the indictment, that defendant did not admit, and that the jury did not find, and, ignoring these enhancements yielded a sentencing range that was well below the sentence he received.
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| United States v. Stillwell, No. 04-4993, No. 04-5042,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 7, 2006, Decided
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Overview: Defendant was entitled to resentencing consistent with Booker where, because the district court's alternative sentence was substantially lower than the 135-month sentence it imposed, the record provided a nonspeculative basis for concluding that the treatment of the USSG as mandatory affected the district court's selection of the sentence imposed.
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