United States v. Brown

DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS

HORNBY, District Judge.

In this case, the grand jury rer turned its initial indictment before the Supreme Court decided Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and before this District held that Blakely applies to federal sentencing guidelines, see Fanfan v. United States, 2004 WL 1723114 (D.Me. June 28, 2004); United States v. Zompa, 326 F.Supp.2d 176 (D.Me.2004). As a result of those decisions, only facts stipulated by the defendant or found by a jury beyond a reasonable doubt 1 can support federal sentencing…