Legal Opinion

United States v. Allan C. Mugan

Court of Appeals for the Eighth Circuit

Decided March 28, 2006No. 03-4074PublishedCited by 57 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

We previously affirmed Allan Mugan’s conviction and sentence, and his case is now back from the Supreme Court which granted his petition for certiorari, vacated our earlier judgment, and remanded for further proceedings in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Additional briefing was requested from the parties addressing the impact of Booker on this case. After studying these submissions as well as the record, we conclude that Mu-gan is not entitled to relief under Booker because he failed to raise a Sixth Amendment…

2Cases cited29 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Johnson v. United StatesSupreme Court of the United States · 1997
  4. United States v. LopezSupreme Court of the United States · 1995
  5. United States v. MorrisonSupreme Court of the United States · 2000

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

3Cited by57 opinions

  1. United States v. DavisCourt of Appeals for the Eighth Circuit · 2009
  2. United States v. KochCourt of Appeals for the Eighth Circuit · 2010
  3. United States v. McCallaCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. John Larkin TrotterCourt of Appeals for the Eighth Circuit · 2007
  5. United States v. MaxwellCourt of Appeals for the Eighth Circuit · 2007

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

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