Court of Appeals for the Ninth Circuit March 30, 2006, No. 04-30144 (United States v. Hawk)

MEMORANDUM *

Appellant Christopher Paul Hawk entered a guilty plea to second degree murder in violation of 18 U.S.C. § 1111. At a sentencing hearing on June 14, 2004, the district court, applying the then mandatory sentencing guidelines, relied on facts never proven to a jury to increase Hawk’s sentence.

Hawk appealed.