according to the Ninth Circuit in United States v. Dare (9th Cir. Sept. 23, 2005). Writing for the majority, Judge Leavy concluded that under Harris v. United States, the district court did not violate the Sixth Amendment by imposing a mandatory minimum sentence based on facts found by the judge by a preponderance of the evidence. Judge Bea dissented, concluding that under Blakely v. Washington and United States v. Booker, Harris is not longer good law and that, under the reasoning in those cases, a court may not, consistent with the Sixth Amendment, impose a sentence in excess of the sentence that it can impose based on facts admitted by the defendant or found by the jury beyond a reasonable doubt.
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