Mr. Rollins plead guilty to single charge of possessing a firearm after conviction of a felony. The offense of conviction resulted in an advisory sentencing guidelines range of imprisonment of 57 to 71 months. The district court used criminal conduct for which Mr. Rollins was not charged and which was determined by a preponderance of the evidence to impose a sentence nearly double that recommended by the advisory sentencing guidelines.

The Tenth Circuit Court of Appeals held it was not a violation of the Fifth and Sixth Amendments for the district court to base its sentence on criminal conduct for which Mr. Rollins was neither charged nor convicted and which was proved only by a preponderance of the evidence. Does the Tenth Circuit's holding perpetuate the error this Court sought to address in United States v. Booker, 543 U.S. 220 (2005)?

Whether the Tenth Circuit's holding perpetuates the error this Court sought to address in United States v. Booker, 543 U.S. 220 (2005)