United States Ninth Circuit

Defendant's sentence imposed under the mandatory United States Sentencing Guidelines violated his Sixth Amendment rights as construed by the Supreme Court in Blakely v. Washington, 124 S.Ct. 2531 (2005), and this violation constituted plain error.

Appellate Information

• Argued 03/24/2005
• Decided 02/09/2005
• Published 02/09/2005

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.