Legal Opinion

United States v. Burnham

District Court, D. Maine

Decided October 7, 2004No. CR-03-29-B-WPublished

1Opinion of the Court

ORDER

WOODCOCK, District Judge.

On August 9, 2004, Jason Burnham filed two pro se motions: 1) a Motion to Reduce Sentence; and, 2) a Motion for Psychiatric Examination. In both motions, Mr. Burn-ham seeks to challenge the Court’s sentence. First, he contends the Court’s forty-one-month sentence was illegal, because it exceeded the applicable period of incarceration under the United States Sentencing Guidelines. Second, he requests a psychiatric examination “in hopes of ... supporting his motion for a downward departure due to mental health” pursuant to U.S.S.G. § 5K2.13. Because Mr. Burn-ham’s…

2Cases cited3 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. United States v. FahmCourt of Appeals for the First Circuit · 1994
  3. United States v. PetersDistrict Court, D. Maine · 2004

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