Legal Opinion

United States v. Baker

District Court, D. New Mexico

Decided October 25, 2018No. CR 17-2556 JBPublished

1Opinion of the Court

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Defendants Adonis Baker's and Leotha Williams' Motion to Preserve Right *1191to Jury Trial, filed December 1, 2017 (Doc. 33)("Motion"). The Court held a hearing on March 19, 2018. See Transcript of Hearing at 1 (taken March 19, 2018), filed April 17, 2018 (Doc. 61)("Tr."). The primary issues are: (i) whether the Court should instruct the jury about its power to nullify; and (ii) whether the Court should allow Defendants Adonis Baker and Leotha Williams to inform the jury of the United States Sentencing…

2Cases cited44 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. Sullivan v. LouisianaSupreme Court of the United States · 1993
  5. Smith v. PhillipsSupreme Court of the United States · 1982

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