Legal Opinion

United States v. Courtney

District Court, D. New Mexico

Decided May 21, 2013No. CR 11-2860 JBPublishedCited by 6 opinions

1Opinion of the Court

AMENDED MEMORANDUM OPINION AND ORDER 1

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Courtney’s Motion to Preserve Right to Jury Trial, filed March 29, 2012 (Doc. 31)(“Motion”). The Court held a hearing on February 8, 2013. The primary issues are: (i) whether the Court should permit Defendant Keith Michael Courtney to inform the jury of the United States Sentencing Guidelines’ advisory sentencing provisions at his trial; and (ii) whether the Court should instruct the jury with information that implies existence of its power to nullify. The Court will deny…

2Cases cited43 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Sullivan v. LouisianaSupreme Court of the United States · 1993
  5. Smith v. PhillipsSupreme Court of the United States · 1982

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3Cited by6 opinions

  1. Martin v. City of AlbuquerqueDistrict Court, D. New Mexico · 2015
  2. Securities & Exchange Commission v. GoldstoneDistrict Court, D. New Mexico · 2017
  3. United States v. EdwardsDistrict Court, D. New Mexico · 2017
  4. United States v. ValdezDistrict Court, D. New Mexico · 2014
  5. United States v. Aranda-DiazDistrict Court, D. New Mexico · 2014

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