Failure to object to presentencing report does not create admissions

In U.S. v. Milam, the Fourth Circuit in an opinion by Judge Niemeyer, joined by Judge Gregory with Judge Shedd concurring in part and dissenting in part, applied the Supreme Court's Booker decision in overturning the defendants' sentences to more than the statutory minimum based on facts contained in the presentence report, to which the defendants failed to object. The case involved the distribution of Ecstacy in the area of Beckley, West Virginia.