Legal Opinion

United States v. Tyshea Mincey, Also Known as Tyshea Ferrell, and Deshawn Ferrell, Also Known as Barry Shawn

Court of Appeals for the Second Circuit

Decided August 12, 2004No. Docket 03-1419L, 03-1520(CON)PublishedCited by 109 opinions

1Per curiam

There is considerable consternation and concern, in the federal courts and elsewhere, about the impact, if any, of the decision of the United States Supreme Court in Blakely v. Washington, -— U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), on the United States Sentencing Guidelines (the “Guidelines”). See, e.g., United States v. Penaranda, 375 F.3d 238 (2d Cir.2004) (in banc) (certifying to the Supreme Court questions relating to Blakely’s, possible application to the Guidelines).

On August 2, 2004, the Supreme Court granted certiorari in two cases that appear to raise these issues. Oral…

2Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. United States v. Ramse ThomasCourt of Appeals for the Second Circuit · 2001
  4. United States v. YousefCourt of Appeals for the Second Circuit · 2003
  5. Hammed Adeleke v. United StatesCourt of Appeals for the Second Circuit · 2004

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

3Cited by109 opinions

  1. United States v. GarciaCourt of Appeals for the Second Circuit · 2005
  2. Jimmy Ray Valentine (04-2116) Kenneth Jerome Valentine (05-1877) v. United StatesCourt of Appeals for the Sixth Circuit · 2007
  3. United States v. QuinonesCourt of Appeals for the Second Circuit · 2007
  4. Jackie Humphress v. United StatesCourt of Appeals for the Sixth Circuit · 2005
  5. United States v. Andrew FagansCourt of Appeals for the Second Circuit · 2005

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

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