Legal Opinion
United States v. Kenneth Ray Ellis
Court of Appeals for the Eighth Circuit
Decided August 9, 2005No. 04-2704PublishedCited by 15 opinions
1Opinion of the Court
BENTON, Circuit Judge.
Kenneth Ray Ellis appeals his sentence, imposed after he pled guilty to possessing a destructive device in violation of 26 U.S.C. §§ 5861(d) and 5871. Three days after the oral announcement of sentence, Ellis moved for resentencing under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), attacking the constitutionality of the United States Sentencing Guidelines and the judicial fact-finding supporting the enhancements. Before the appeal was filed, the district court denied his motion. Jurisdiction being proper under 18 U.S.C. § 3742 and 28…
2Cases cited19 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. HoustonCourt of Appeals for the Sixth Circuit · 2008
- United States v. Lonnie Weston, United States of America v. Sherry WoodardCourt of Appeals for the Eighth Circuit · 2006
- United States v. Merwyn L. LeveringCourt of Appeals for the Eighth Circuit · 2005
- United States v. Travis Michael CullenCourt of Appeals for the Eighth Circuit · 2006
- United States v. Leonard LoveCourt of Appeals for the Eighth Circuit · 2005
10 more not listed; retrieve them via the Exa API.