U.S. v. ELLIS

No. 04-2704.

417 F.3d 931 (2005)

UNITED STATES of America, Appellant, v. Kenneth Ray ELLIS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2005.


Attorney(s) appearing for the Case

David R. Mercer, argued, Asst. Fed. Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

James J. Kelleher, argued, Spec. Asst. U.S. Atty., Springfield, MO (Philip M. Koppe, Asst. U.S. Atty., Todd P. Graves, U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before COLLOTON, McMILLIAN, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

Kenneth Ray Ellis appeals his sentence, imposed after he pled guilty to possessing a destructive device in violation of 26 U.S.C. §§ 5861(d) and 5871. Three days after the oral announcement of sentence, Ellis moved for resentencing under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), attacking the constitutionality of the United States Sentencing Guidelines and the...

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