Legal Opinion
United States v. Berry
Court of Appeals for the Third Circuit
Decided January 6, 2009No. 07-1251, 07-1276PublishedCited by 56 opinions
1Opinion of the Court
McKEE, Circuit Judge.
Terrell Berry and Shawn Mack pled guilty to an indictment charging them both with one count of robbery affecting interstate commerce, and one count of carrying and using a firearm in furtherance of a crime of violence. They now appeal their sentences arguing, inter alia, that the district court denied them due process of law by relying upon unsupported speculation in determining their sentences. For the reasons that follow, we agree. We will therefore remand for resentencing.
I. Factual Background
On October 5, 2004, Berry and Mack were apprehended by police in Upper Darby,…
2Cases cited28 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Johnson v. United StatesSupreme Court of the United States · 1997
- Williams v. New YorkSupreme Court of the United States · 1949
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
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3Cited by56 opinions
- United States v. Nicholas HarrisCourt of Appeals for the Fifth Circuit · 2012
- United States v. WilliamsCourt of Appeals for the Fifth Circuit · 2010
- United States v. Gallardo-OrtizCourt of Appeals for the First Circuit · 2012
- United States v. EnglandCourt of Appeals for the Seventh Circuit · 2009
- United States v. Mark ZabielskiCourt of Appeals for the Third Circuit · 2013
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