U.S. v. HARVEY

Nos. 03-1887, 03-1885.

413 F.3d 850 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. David Earl HARVEY, also known as Dave L. Clark, also known as Brandon Wells, also known as Sherman E. Mucker, also known as Ronnie Lamarr Nelson, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Gerald Keith Miller, also known as John C. Dowdell, also known as Darnell Singleton, also known as Dale Odean Bell, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 13, 2005.

Rehearing and Rehearing Denied August 23, 2005.


Attorney(s) appearing for the Case

Matthew J. Ketcham, Fort Smith, AR, for Gerald Keith Miller.

Omar F. Greene, Asst. Federal Public Defender, Little Rock, AR, for David Earl Harvey.

Kyra E. Jenner, Asst. U.S. Atty., Fort Smith, AR, for appellee.

Before BYE, BOWMAN, and MELLOY, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 23, 2005.

MELLOY, Circuit Judge.

Defendants David Earl Harvey and Gerald Keith Miller appeal their sentences, alleging that the district court1 improperly: (1) applied a sophisticated means enhancement, (2) held each defendant responsible for the criminal acts of the other, and (3) violated their rights under Blakely v. Washington, 542 U.S. 296

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases