Third Circuit dicta fixed (to eliminate a typo)

Yesterday I noted here that the Third Circuit in its King decision dropped a footnote with (intriguing and questionable) Booker dicta indicating that post-Booker enhancements “must rely only upon conduct admitted by the defendant or found by the fact finder based upon proof beyond a reasonable doubt.”   (In other words, the Third Circuit seemed to be adopting the remedy of the Booker remedial dissenters, as well as the remedy of the remedial majority.)

I was thus intrigued to see this order from the Third Circuit today amending that footnote, but the amendment merely fixed a typo (the absence of the word “doubt”) and did not change the substance.  Thus, it appears the panel that dropped this footnote is comfortable with its substance.  Interesting.