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U.S. v. BROWN

No. CRIM.04-31-P-H.

335 F.Supp.2d 146 (2004)

UNITED STATES of America v. Josh BROWN a/k/a Joshua Brown, Defendant

United States District Court, D. Maine.

September 10, 2004.

Attorney(s) appearing for the Case

Helene Kazanjian, Office of the United States Attorney, Portland, ME, for United States of America.

Daniel G. Lilley, Christian C. Foster, Daniel G. Lilley Law Offices, P.A., Portland, ME, for Josh Brown a/k/a Joshua Brown, Defendant.

DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS

HORNBY, District Judge.

In this case, the grand jury returned its initial indictment before the Supreme Court decided Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and before this District held that Blakely applies to federal sentencing guidelines, see Fanfan v. United States, 2004 WL 1723114 (D.Me. June 28, 2004); United States v. Zompa,

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