United States v. Rusty Leisure

In a previous opinion filed July 30, 2004, we affirmed Leisure’s conviction and sentence. United States v. Leisure, 377 F.3d 910 (8th Cir.2004). In a petition for rehearing en banc, Leisure argued for the first time that the case should be remanded for resentencing in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), which called into doubt the constitutionality of the mandatory federal sentencing guidelines. The petition for rehearing was denied on September 16, 2004, and Leisure then petitioned for a writ of .certiorari. On January 24, 2005, the Supreme…