U.S. v. O'DANIEL

No. 02-CR-159-H.

328 F.Supp.2d 1168 (2004)

UNITED STATES of America, Plaintiff, v. Danny Eugene O'DANIEL, Defendant.

United States District Court, N.D. Oklahoma.

August 6, 2004.


Attorney(s) appearing for the Case

Julia O'Connell, Barry L. Derryberry, Federal Public Defender's Office, Tulsa, OK, for Danny Eugene O'Daniel (1), defendant.

Catherine J. Depew, Chad Adrian Greer, United States Attorney, Tulsa, OK, for U.S. Attorneys.


ORDER

HOLMES, Chief Judge.

This matter comes before the Court for sentencing pursuant to a plea of guilty entered by Defendant Danny Eugene O'Daniel on March 5, 2004 in accordance with Fed.R.Crim.P. 11. Defendant now argues that to apply the Federal Sentencing Guidelines (the "Guidelines") promulgated under the Sentencing Reform Act of 1984 (the "Act") to the instant case would be unconstitutional under Blakely v. Washington, ___ U.S. ___,...

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