United States v. Gurley

SENTENCING MEMORANDUM

YOUNG, District Judge.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury....

U.S. Const, art. Ill, § 2, cl. 3... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; ...

U.S. Const, amend. Y

*97Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.

United States v. Booker, 543 U.S. 220, 244, 125 S.Ct. 738, 160…