Legal Opinion
United States v. Jeremie Jay Schwalk
Court of Appeals for the Eighth Circuit
Decided June 20, 2005No. 04-1058PublishedCited by 15 opinions
1Opinion of the Court
COLLOTON, Circuit Judge.
Jeremy Jay Schwalk pled guilty to assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1152 and 113(a)(6). The district court 1 departed upward from the applicable sentencing guideline range, which was then treated as mandatory, and imposed a sentence of 60 months’ imprisonment. Schwalk appeals, arguing that the district court erred by departing upward from the applicable guideline range, and after the case was submitted, he raised an additional argument based on Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We affirm.
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2Cases cited8 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
- United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
- United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Allan C. MuganCourt of Appeals for the Eighth Circuit · 2006
- United States v. Adam RouillardCourt of Appeals for the Eighth Circuit · 2007
- United States v. Mathew Meyer, Also Known as Mathew SalemCourt of Appeals for the Eighth Circuit · 2006
- United States v. Archie Alexander MackCourt of Appeals for the Eighth Circuit · 2006
- United States v. Francisco GarateCourt of Appeals for the Eighth Circuit · 2007
10 more not listed; retrieve them via the Exa API.