Under Victims’ Rights Act, murder victim’s son was entitled to remain in courtroom despite having testified as witness

VICTIM RIGHTS/SENTENCING United States v. Visinaiz, No. 04-4277, ___ F.3d ___ (10th Cir. Nov. 16, 2005)(Utah). Appeal of conviction and sentence for violation of 18 U.S.C. §§ 1111(a)1 and 1153(a) for second degree murder by Indian in Indian Country. HELD: (1) District court did not err by allowing murder victim’s son to remain in courtroom after his testimony was complete. Son was crime victim under 18 U.S.C. § 3510 and Victims’ Rights and Restitution Act of 1990, at 42 U.S.C. § 10607(e)(2), and therefore entitled to remain. (2) Where judge-found facts were used to enhance defendant’s guidelines determined sentence, but judge expressly indicated that he viewed guidelines as advisory only, there was no constitutional Booker error. Read the opinion here.