U.S. v. HARRIS

No. CR. 03-244-03.

325 F.Supp.2d 562 (2004)

UNITED STATES of America v. Nicole HARRIS

United States District Court, W.D. Pennsylvania.

July 16, 2004.


Attorney(s) appearing for the Case

James H. Love, Esquire, United States Attorney's Office, Pittsburgh, PA, for U.S.

Michael J. Novara, Esquire, Federal Public Defender's Office, Pittsburgh, PA, for Harris.


MEMORANDUM OPINION

SCHWAB, District Judge.

As Justice Sandra Day O'Connor stated in her dissent in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, ___ L.Ed.2d ___ (2004), it is difficult to read the majority opinion of Justice Antonin Scalia without coming to the conclusion that the United States Sentencing Guidelines are unconstitutional. This is the conclusion reached by most, although certainly not all, federal courts to have considered the...

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