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eBook details

• Title: United States v. Brika
• Author : United States Court of Appeals Tenth Circuit
• Release Date : January 27, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Defendant-Appellant Ahmed Brika was tried for conspiracy to commit a kidnapping offense and for using a telephone to extort money in exchange for the release of a kidnapped person. The jury found him guilty of the second offense, but was unable to reach a verdict on the first, as to which the judge declared a mistrial. He was then sentenced to twenty years in prison. Brika appeals his conviction and sentence, claiming that: (1) the judge improperly instructed the jury; (2) venue was improper; (3) the judge erred in refusing to admit documentary evidence that Brika offered and in permitting the Government to use documentary evidence to impeach a defense witness on cross-examination; (4) the judge erroneously failed to hold a hearing to decide a factual dispute over the contents of the record; and (5) the judges use of his own factual findings under the United States Sentencing Guidelines (USSG) as a basis for mandatory enhancement of Brikas sentence was unconstitutional. We affirm the conviction but vacate the sentence and remand for resentencing.

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