Legal Opinion

Hukvari v. United States

District Court, D. New Hampshire

Decided April 1, 2005No. 04-CV-290-SMPublished

1Opinion of the Court

Hukvari v. United States 04-CV-290-SM 04/01/05 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE James Hukvari, Petitioner v. Civil No. 04-cv-290-SM Opinion No.

2005 DNH 053

United States of America, Respondent O R D E R Petitioner challenges the legality of his sentence, under the provisions of 28 U.S.C. § 2255. He asserts that application of the United States Sentencing Guidelines in his case resulted in a deprivation of his Sixth Amendment rights to have a jury determine facts enhancing his guideline sentencing range, and to have the jury determine those facts beyond a reasonable doubt.…

2Cases cited8 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Schriro v. SummerlinSupreme Court of the United States · 2004
  4. Saffle v. ParksSupreme Court of the United States · 1990
  5. Marlon McReynolds Jamie L. Thomas, and David Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 2005

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