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U.S. v. MINCEY

Docket Nos. 03-1419L, 03-1520(CON).

380 F.3d 102 (2004)

UNITED STATES of America, Appellee, v. Tyshea MINCEY, also known as Tyshea Ferrell, and Deshawn Ferrell, also known as Barry Shawn, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 12, 2004.

Attorney(s) appearing for the Case

Samuel M. Braverman, Bronx, New York, for Defendant-Appellant Tyshea Mincey.

Theodore S. Green, Green & Willstatter, White Plains, New York, for Defendant-Appellant DeShawn Ferrell.

Glenn C. Colton, Assistant United States Attorney, Southern District of New York, New York, New York (David N. Kelley, United States Attorney, Celeste L. Koeleveld, Assistant United States Attorney, on the brief), for Appellee.

Before: POOLER, SACK, and RAGGI, Circuit Judges.

PER CURIAM.

There is considerable consternation and concern, in the federal courts and elsewhere, about the impact, if any, of the decision of the United States Supreme Court in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), on the United States Sentencing Guidelines (the "Guidelines"). See, e.g., United States v. Penaranda, 375 F.3d 238 (2d Cir.2004) (in banc) (certifying to the Supreme...

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