Legal Opinion

United States v. Melody A. McCully

Court of Appeals for the Eighth Circuit

Decided May 13, 2005No. 04-1998PublishedCited by 51 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Melody April McCully appeals her sentence following a plea of guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and § 846. On initial briefing, McCully’s counsel moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and challenged McCully’s sentence on various grounds. In supplemental briefs, both McCully and her counsel assert that the sentence violates the Sixth Amendment. Jurisdiction being proper under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, this court affirms.

While…

2Cases cited14 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. United States v. BookerSupreme Court of the United States · 2004
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. Penson v. OhioSupreme Court of the United States · 1988
  5. United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005

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

3Cited by51 opinions

  1. United States v. Thomas MickelsonCourt of Appeals for the Eighth Circuit · 2006
  2. United States v. Arlene Marie FrokjerCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. Robert Lee ChaunceyCourt of Appeals for the Eighth Circuit · 2005
  4. United States v. HensonCourt of Appeals for the Eighth Circuit · 2008
  5. United States v. Luke KellerCourt of Appeals for the Eighth Circuit · 2005

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

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