U.S. v. MORTIMER

No. CR. 03-14.

328 F.Supp.2d 566 (2004)

UNITED STATES of America v. Bryan Scott MORTIMER

United States District Court, W.D. Pennsylvania.

July 28, 2004.


Attorney(s) appearing for the Case

Paul Thompson, Assistant United States Attorney, United States Attorneys Office, Pittsburgh, PA, Christian Trabold, Assistant United States Attorney, United States Attorneys Office, Erie, PA, for Plaintiff.

Thomas W. Patton, Assistant Federal Public Defender, Office of Federal Public Defender, Erie, PA, for Defendant.


Opinion and Order

COHILL, Senior District Judge.

Defendant Bryan Scott Mortimer has filed a post-sentence objection to his presentence report base offense calculation level in light of Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, ___ L.Ed.2d ___ (2004). (Doc. 33) The Government has filed a response opposing the motion. Thereafter, Mr. Mortimer filed a reply brief, to which the Government filed a sur-reply. For the reasons that follow...

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