United States v. Robert Koch

SUTTON, J., delivered the opinion of the court, in which BOGGS, C.J., GUY, BATCHELDER, GILMAN, GIBBONS, ROGERS, and COOK, JJ., joined. MARTIN, J. (pp. 443-49), delivered a separate dissenting opinion, in which DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined.

*437OPINION

SUTTON, Circuit Judge.

This court granted en banc review of United States v. Koch, 373 F.3d 775 (6th Cir.2004), to consider whether Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), requires us to invalidate the United States Sentencing Guidelines on Sixth Amendment grounds. Concluding that it does not, we…