Legal Opinion
United States v. Croxford
District Court, D. Utah
Decided July 12, 2004No. 2:02-cr-00302PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER CONCLUDING, AFTER ADDITIONAL BRIEFING FROM THE GOVERNMENT, THAT THE SENTENCING GUIDELINES ARE UNCONSTITUTIONAL IN THIS CASE
CASSELL, District Judge.
On June 29, 2004, this court issued its memorandum opinion on sentencing in this case. 1 The court concluded, in the wake of the Supreme Court’s recent decision in Blakely v. Washington, 2 that the Sixth Amendment’s right to trial by jury prevented the Federal Sentencing Guidelines from determining defendant Crox-ford’s sentence. This court reasoned that the holding of Blakely forbids judicial fact-finding under the…
2Cases cited31 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Stinson v. United StatesSupreme Court of the United States · 1993
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3Cited by16 opinions
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2004
- State v. HarrisCourt of Appeals of Washington · 2004
- State v. HarrisCourt of Appeals of Washington · 2004
- United States v. EmmeneggerDistrict Court, S.D. New York · 2004
- United States v. MueffelmanDistrict Court, D. Massachusetts · 2004
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