Third Circuit and presumptive reasonability and restitution

• The Third Circuit Blog points out here, that the 3d ruled: 1) it does have jurisdiction to review within-guidelines sentences for reasonability; and 2) within-guidelines sentences are not presumptively reasonable. But, “the Court expressly withheld ruling on the standard of proof to be applied where a sentencing enhancement involves a separate crime.”  And SL&P comments here.
• Also, they have a post which begins, "The Third Circuit, in a very fractured en banc decision in United States v. Fallon, (3d Cir. Feb. 15, 2005), has ruled that Booker does not apply to either forfeiture or restitution."