Rucker v. United States

MEMORANDUM OPINION DENYING § 2255 MOTION TO VACATE SENTENCE

CASSELL, District Judge.

In October 2003, Stacy Rucker was sentenced to serve 121 months in prison for armed bank robbery. That sentence was determined, in part, by reference to the Sentencing Guidelines. Since then the United States Supreme Court has held in Blakely v. Washington 1 that the Sixth Amendment Right to a Jury Trial requires jury fact-finding before a defendant’s sentence can be enhanced under the Washington guideline system. More recently, in United States v. Booker, 2 the Court applied the Blakely holding to the federal…