Legal Opinion
United States v. James T. Schlifer
Court of Appeals for the Seventh Circuit
Decided April 7, 2005No. 04-3398PublishedCited by 78 opinions
1Opinion of the Court
WILLIAMS, Circuit Judge.
James Schlifer appeals his sentence of 120 months on the ground that the district court violated the Sixth Amendment by sentencing him as a career offender without presenting the facts underlying his prior convictions to a jury. He also argues that in light of the Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court erred in applying the guidelines under the prior mandatory sentencing scheme. Although Schlifer’s Sixth Amendment argument lacks merit, we vacate his sentence and remand for resentencing…
2Cases cited20 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Shepard v. United StatesSupreme Court of the United States · 2005
15 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- United States v. Karl CunninghamCourt of Appeals for the Seventh Circuit · 2005
- United States v. Pedro L. Castillo and Frank RodriguezCourt of Appeals for the Seventh Circuit · 2005
- United States v. GarzaCourt of Appeals for the Fifth Circuit · 2005
- United States v. Daryl L. Wilson, Stevie Thomas, Donnell L. Cohn, Sammy Armstead, and Tyree CollinsCourt of Appeals for the Seventh Circuit · 2007
- United States v. Robert A. BurkeCourt of Appeals for the Seventh Circuit · 2005
73 more not listed; retrieve them via the Exa API.