Legal Opinion

United States v. Hector Penaranda, Also Known as "El Viejo," United States of America v. Luis Rojas, Also Known as El Gordo

Court of Appeals for the Second Circuit

Decided July 12, 2004No. Docket 03-1055(L), 03-1062(L)PublishedCited by 40 opinions

1Opinion of the Court

CERTIFICATE OF QUESTIONS TO THE SUPREME COURT OF THE UNITED STATES

JOHN M. WALKER, JR., Chief Judge:

We ordered the pending appeals to be heard in banc, limited to the issue of the validity of the defendants’ sentences in light of the Supreme Court’s recent decision in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). 1 We have done so because the active judges of this court are unanimously of the view that we should certify to the United States Supreme Court, pursuant to 28 TJ.S.C. § 1254(2), questions relating to that issue. In the most general sense, our question is…

2Cases cited32 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Ring v. ArizonaSupreme Court of the United States · 2002
  4. Mistretta v. United StatesSupreme Court of the United States · 1989
  5. Stinson v. United StatesSupreme Court of the United States · 1993

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3Cited by40 opinions

  1. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2004
  2. United States v. HammoudCourt of Appeals for the Fourth Circuit · 2004
  3. United States v. Tyshea Mincey, Also Known as Tyshea Ferrell, and Deshawn Ferrell, Also Known as Barry ShawnCourt of Appeals for the Second Circuit · 2004
  4. United States v. CurtisCourt of Appeals for the Eleventh Circuit · 2004
  5. State v. ERIC M.Supreme Court of Connecticut · 2004

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

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