United States v. Pimentel-Lopez

GRABER, Circuit Judge, with whom TALLMAN, BYBEE, CALLAHAN, BEA, and IKUTA, Circuit Judges,

join, dissenting from denial of rehearing en banc:

I respectfully dissent from the denial of rehearing en banc. The panel held that when a jury finds that the amount of drugs the government has proved, beyond a reasonable doubt, is attributable to a defendant falls within a specified range, the sentencing judge may not find by a preponderance of the evidence that the amount of drugs attributable to the defendant is higher than that range. United States v. Pimentel-Lopez, 828 F.3d 1173, 1176-77 (9th Cir.…