Legal Opinion

United States v. Harris

Court of Appeals for the Fifth Circuit

Decided January 8, 2007No. 06-20145Unpublished

1Opinion of the Court

PER CURIAM: *

Jerome J. Harris appeals the total 57-month sentence imposed following his jury trial conviction on 21 counts of aiding in the preparation of a false tax return. See 26 U.S.C. § 7206(2). Harris argues that the district court violated United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), by enhancing his sentence on the basis of facts not charged in the indictment or proved beyond a reasonable doubt. Harris was sentenced post- Booker. The district court did not commit error under Booker by finding the facts relevant to the determination of Harris’s advisory…

2Cases cited9 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. VillanuevaCourt of Appeals for the Fifth Circuit · 2005
  4. U.S. v. MergersonCourt of Appeals for the Fifth Circuit · 1993
  5. United States v. Octavio Carreon, and Armando MelendezCourt of Appeals for the Fifth Circuit · 1994

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