Legal Opinion
United States v. Story
Court of Appeals for the Fifth Circuit
Decided February 2, 2006No. 04-41323PublishedCited by 133 opinions
1Opinion of the Court
PRADO, Circuit Judge:
Paul Jerome Story appeals his sentence contending that the district court improperly calculated his base level offense using facts not found by a jury or admitted by plea, in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The government responds that the district judge provided an alternative sentence in the event that Booker declared the Federal Sentencing Guidelines (“Guidelines”) advisory rather than mandatory. We find the district judge’s pronouncement of alternative sentences ambiguous and therefore VACATE and REMAND for…
2Cases cited31 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Kontrick v. RyanSupreme Court of the United States · 2004
- Mabry v. JohnsonSupreme Court of the United States · 1984
- Scarborough v. PrincipiSupreme Court of the United States · 2004
- Berman v. United StatesSupreme Court of the United States · 1937
26 more not listed; retrieve them via the Exa API.
3Cited by133 opinions
- Garza v. IdahoSupreme Court of the United States · 2019
- United States v. Jacobo CastilloCourt of Appeals for the Ninth Circuit · 2007
- United States v. GoodsonCourt of Appeals for the Third Circuit · 2008
- United States v. OliverCourt of Appeals for the Fifth Circuit · 2011
- People v. SuttonAppellate Division of the Supreme Court of the State of New York · 2020
128 more not listed; retrieve them via the Exa API.