Legal Opinion

United States v. Gill

District Court, D. Kansas

Decided February 28, 2005No. Civ. 04-3365-SAC, No. Crim. 00-40100-01SACPublished

1Opinion of the Court

MEMORANDUM AND ORDER

CROW, Senior District Judge.

The case comes before the court on the defendant’s motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255, (Dk. 40), and motion for evidentiary hearing (Dk. 41). The defendant asserts only one ground in support of his requested relief, that is, the sentencing court violated his Sixth Amendment rights in enhancing his sentence under the United States Sentencing Guidelines for possession of a firearm pursuant to U.S.S.G. § 2Dl.l(b)(l). The defendant denies ever admitting to the possession of a firearm in the commission of the…

2Cases cited26 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. United States v. FradySupreme Court of the United States · 1982
  5. Griffith v. KentuckySupreme Court of the United States · 1987

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