United States v. Mueffelman

MEMORANDUM AND ORDER RE: UNITED STATES SUPREME COURT’S DECISION IN BLAKELY v. WASHINGTON

GERTNER, District Judge.

The defendants in the above cases, like literally thousands across the country, challenge the sentence the government seeks under Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (June 24, 2004). They argue that any sentencing enhancement authorized by the United States Sentencing Guidelines (hereinafter “Federal Sentencing Guidelines,” “Sentencing Guidelines,” or “Guidelines”) violates the Sixth Amendment insofar as it permits a judge to find facts that are…