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043568P.pdf   08/15/2005  United States  v.  Robert Carruth
   U.S. Court of Appeals Case No:  04-3568
   Eastern District of Arkansas   
   [PUBLISHED] [Murphy, Author, with Bye and Smith, Circuit Judges] 
   Criminal case - criminal law. Neither Apprendi nor Blakely prohibit 
   judicial fact finding for restitution orders, nor does Booker affect 
   restitution orders since they are not subject to any prescribed statutory 
   maximum and are not in the nature of a criminal penalty; district court's 
   findings regarding the amount of the loss were not clearly erroneous. 
   Judge Bye, dissenting.