Legal Opinion
United States v. David Arden Burling
Court of Appeals for the Eighth Circuit
Decided August 23, 2005No. 04-2693PublishedCited by 14 opinions
1Opinion of the Court
SMITH, Circuit Judge.
David Burling pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1). The district court enhanced Burling’s sentence under U.S.S.G. § 2D1.1, concluding that he possessed a dangerous weapon in connection with the offense. On appeal, Burling argues that the district court violated his Sixth Amendment rights under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and the district court erred in applying the § 2D1.1 enhancement. We reverse and remand for resentencing.
I. Background
On April 12, 2003,…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Patton v. United StatesSupreme Court of the United States · 1930
- United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. PeroceskiCourt of Appeals for the Eighth Circuit · 2008
- United States v. BoyceCourt of Appeals for the Eighth Circuit · 2009
- United States v. David Lee WillieCourt of Appeals for the Eighth Circuit · 2006
- United States v. AguilarCourt of Appeals for the Eighth Circuit · 2008
- United States v. WestCourt of Appeals for the Eighth Circuit · 2010
9 more not listed; retrieve them via the Exa API.