Legal Opinion
United States v. Gerald Phillip May, Jr.
Court of Appeals for the Eighth Circuit
Decided July 13, 2005No. 03-3108PublishedCited by 38 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Gerald Phillip May, Jr., pleaded guilty to assault with intent to commit murder, in violation of 18 U.S.C. §§ 113(a)(1), 1151, and 1153(a). May was sentenced to ninety-seven months’ imprisonment. He appeals his sentence and argues that the district court 1 erred in: (1) granting an upward departure, (2) ordering restitution in an amount not supported by the evidence, and (3) sentencing him in violation of his Sixth Amendment rights. We affirm.
May did not object to the following facts from the presentence report. On the morning of August 28, 2002, Colleen Johns…
2Cases cited24 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
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
19 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. Jason Long SoldierCourt of Appeals for the Eighth Circuit · 2005
- United States v. LeahyCourt of Appeals for the Third Circuit · 2006
- United States v. Richard Ashton OslundCourt of Appeals for the Eighth Circuit · 2006
- United States v. FarringtonCourt of Appeals for the Eighth Circuit · 2007
- United States v. LewisCourt of Appeals for the Eighth Circuit · 2009
33 more not listed; retrieve them via the Exa API.