Opinion

United States v. Brown

  • 266 F. App'x 153
Court
Court of Appeals for the Third Circuit
Filed
Feb 21, 2008
Status
Published
On the bench
Aldisert, Ambro, McKee
Cited by
0 cases
Authority
More cited than 13.1%

The opinion

*154 OPINION

PER CURIAM.

On appeal, Milton Brown challenges an enhancement of his sentence based on facts that were neither admitted by him nor found beyond a reasonable doubt. He admits that the issue he raises — whether the District Court erred in failing to apply the proof beyond a reasonable doubt standard in determining the enhancement— was decided adversely to him in United States v. Grier, 475 F.3d 556 (3d Cir.2007) (en banc). Although the issue has been decided by us, Brown seeks to preserve the issue in anticipation of review by the Supreme Court.

This panel does not have the authority to disturb the holding of an en banc decision of this Court. Accordingly, the judgment of the District Court will be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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