error is of constitutional dimension. See Johnson v. United States, 520 U.S. 461, 466, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997). However, the plain error test is applied less rigorously in the context of alleged constitutional error than in the context of non-constitutional error. See United States v. Dazey, 403 F.3d 1147, 1152 (10th Cir.2005); United States v. Mendez-Lopez, 338 F.3d 1153, 1156 (10th Cir.2003). A. Mr. Magallanez’s principal constitutional argument is that, under Blakely and Booker, the district court was required to accept the jury’s special verdict of drug quantity for purposes of sentencing, rather than calculating that amount for itself. At first blush, there might seem to be force to this argument. See United States v. Pimental, 367 F.Supp.2d 143, 145 (D.Mass.2005) (<HOLDING>). The constitutional violation identified in
holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct holding that the district court could constitutionally consider the acquitted conduct in rico sentencing holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted holding that district court may treat acquitted conduct as relevant conduct at sentencing