U.S. v. McKINNEY

No. 4:04CR3-RH/WCS.

339 F.Supp.2d 1314 (2004)

UNITED STATES of America, v. Maurice Pernell McKINNEY, Defendant.

United States District Court, N.D. Florida, Tallahassee Division.

September 6, 2004.


Attorney(s) appearing for the Case

George Abney, US Attorney, Tallahassee, FL, for Plaintiff.


STATEMENT OF REASONS

HINKLE, District Judge.

This case presents the issue whether the constitutional principle announced in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), applies to the federal sentencing guidelines and, if so, how sentencings are to be conducted to avoid violating that constitutional principle. As set forth on the record of the sentencing hearing, I conclude that Blakely applies to the...

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