Legal Opinion
United States v. Tek Ngo
Court of Appeals for the Seventh Circuit
Decided May 3, 2005No. 04-2662PublishedCited by 28 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
Tek Ngo appeals his sentence of 210 months on the ground that the district court violated the Sixth Amendment by sentencing him as a career offender without presenting the facts underlying his prior convictions to a jury. He also argues, and the government concedes, that in light of the Supreme Court’s decision in United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court erred in applying the guidelines under the prior mandatory sentencing scheme. Because the district court engaged in factfinding beyond what is permitted under the…
2Cases cited23 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. Keith McGee Thomas King, Larone Brim, Harold McKinzie Tony Banks, Rabboni Smith, John Ector, and Flozell McGeeCourt of Appeals for the Seventh Circuit · 2005
- United States v. Jasy Von Brown, AKA Jasy Drags WolfCourt of Appeals for the Ninth Circuit · 2005
- United States of America, Appellee/cross-Appellant v. Robert D. Strong, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2005
- United States v. TaylorCourt of Appeals for the Tenth Circuit · 2005
- United States v. Joseph Van SachCourt of Appeals for the Seventh Circuit · 2006
23 more not listed; retrieve them via the Exa API.