United States v. Mercado, ___ F.3d ___, 2007 WL 136702 (9th Cir. Jan. 22, 2007) (Booker has not abrogated previous rule allowing sentencing courts to consider conduct underlying acquitted criminal charges).
http://caselaw.lp.findlaw.com/data2/circs/9th/0550624p.pdf
jurisdiction:
Ninth Circuit