Post-Booker Burden of Proof

The Sixth Circuit, in United States v. Gardner, No. 04-1161 (6th Cir. Aug. 1, 2005) (opinion available here), discusses the burden of proof in a post-Booker world. Thanks to Prof. Berman at Sentencing Law and Policy, we have some scholarly analysis of this opinion. Prof. Berman's observations are available at:

http://sentencing.typepad.com/sentencing_law_and_policy/2005/08/sixth_circuit_r.html