Legal Opinion

United States v. Kevin Davis, at No. 02-4521 Kevin A. Minnis, at No. 03-1130 Reginal Scott, at No. 03-1160

Court of Appeals for the Third Circuit

Decided April 28, 2005No. 02-4521, 03-1130, 03-1160PublishedCited by 148 opinions

1Opinion of the Court

SCIRICA, Chief Judge.

The government has moved to defer disposition of all sentencing appeals pending resolution of its petition for rehearing en banc in this case. We have denied the petition for rehearing and will deny the motion as well.

The Supreme Court’s decision in United States v. Booker brought about sweeping changes in the realm of federal sentencing. — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Drawing upon its reasoning in Jones, Apprendi, and Blakely, 1 the Booker majority held that mandatory enhancement of a sentence under the Guidelines, based on facts found by the court…

2Cases cited13 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. Blakely v. WashingtonSupreme Court of the United States · 2004
  5. Jones v. United StatesSupreme Court of the United States · 1999

8 more not listed; retrieve them via the Exa API.

3Cited by148 opinions

  1. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
  2. United States v. Sean Michael GrierCourt of Appeals for the Third Circuit · 2007
  3. United States v. ShedrickCourt of Appeals for the Third Circuit · 2007
  4. United States v. LoreCourt of Appeals for the Third Circuit · 2005
  5. United States v. Paul J. Leahy United States of America v. Timothy Smith United States of America v. Dantone, Inc.Court of Appeals for the Third Circuit · 2006

143 more not listed; retrieve them via the Exa API.

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