United States v. John A. Schafer

LOKEN, Chief Judge.

John A. Schafer pleaded guilty to three child pornography offenses in violation of 18 U.S.C. §§ 2252(a)(1), (2), and (4). Two months after the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the district court 1 sentenced Schafer to 137 months in prison. Applying U.S.S.G. § 5G1.3(c) (2002), 2 the court ordered that the federal sentence run consecutively to Schafer’s undischarged state sentence for numerous child abuse offenses. Schafer raised a Blakely objection at sentencing. In response, the district court imposed a…