United States Ninth Circuit

Defendant's sentence was vacated and remanded because, under BLAKELY, the district court violated defendant's right to have the facts underlying his sentence found beyond a reasonable doubt.

Appellate Information

• Argued 03/24/2005
• Decided 07/21/2004
• Published 07/21/2004

Judges

• RAWLINSON, Circuit Judge., Before SCHROEDER, Chief Judge, O'SCANNLAIN, HAWKINS, THOMAS, WARDLAW, W. FLETCHER, FISHER, GOULD, RAWLINSON, CLIFTON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anthony R. Gallagher, Esq., Assistant Federal Public Defender, Great Falls, MT, for Amicus Curiae Federal Public and Community Defenders.


• For Appellees:
  
• Michael R. Dreeben, U.S. Dept. of Justice, Washington, DC, Michael A. Rotker, Atty., U.S. Dept. of Justice, Criminal Div., Appellate Sec., Washington, DC, for Plaintiff-Appellee., Steven Hubacheck, Federal Defenders of San Diego, San Diego, CA, for Defendant-Appellant.