Legal Opinion
United States v. Clark
Court of Appeals for the Tenth Circuit
Decided July 29, 2005No. 04-3116PublishedCited by 35 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
In this direct criminal appeal, Wilma Clark argues that the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), renders unconstitutional her sentence for drug distribution. We consider her argument in light of the Supreme Court’s recent decision in United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because the court below increased Clark’s term of imprisonment based on facts that it found by a preponderance of the evidence, constitutional error plagues Clark’s sentence. Applying plain error…
2Cases cited20 opinions
- 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
- United States v. HahnCourt of Appeals for the Tenth Circuit · 2004
- United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
15 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. Sean Michael GrierCourt of Appeals for the Third Circuit · 2007
- United States v. CalderonCourt of Appeals for the Tenth Circuit · 2005
- United States v. Lashaun BoltonCourt of Appeals for the Fourth Circuit · 2017
- United States v. SmallCourt of Appeals for the Tenth Circuit · 2005
- United States v. DamatoCourt of Appeals for the Tenth Circuit · 2012
30 more not listed; retrieve them via the Exa API.