Lilly v. United States

OPINION

JONES, Chief Judge.

Petitioner Lisa K. Lilly, a federal inmate proceeding by counsel, brings this action to vacate, set aside, or correct sentence pursuant to 28 U.S.C.A. § 2255 (West Supp.2004). In her petition, Lilly requests re-sentencing as a result of the Supreme Court’s opinion in Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Specifically, Lilly argues that the sentencing judge’s finding by a preponderance of the evidence that Lilly used a firearm in the commission of the crime, which resulted in a two-level enhancement, violated her Sixth Amendment…