United States v. David Brian Bern

219 F. App'x 599

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 20, 2007
• Docket: 06-1746
• Status: Unpublished

Opinion

PER CURIAM.

David Bern appeals his sentence of 300 months in prison, a variance below the advisory Guidelines range of 360 months to life, imposed by the district court 1 following a remand for resentencing pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), see United States v. Bern, 156 Fed.Appx. 861 (8th Cir.2005) (unpublished per curiam). For reversal, Bern argues that recent Supreme Court decisions warrant re-examination of whether the preponderance-of-the-evidence standard of proof is sufficient for purposes of sentencing enhancements. We disagree. See United States v. Pirani, 406 F.3d 543, 551 n. 4 (8th Cir.) (en banc) (Booker does not require sentencing judges to find sentence-enhancing facts beyond reasonable doubt), cert. denied, — U.S.-, 126 S.Ct. 266, 163 L.Ed.2d 239 (2005).

Accordingly, we affirm the judgment of the district court.

1 . The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.