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U.S. v. HUERTA-RODRIGUEZ

No. 8:04 CR 365.

355 F.Supp.2d 1019 (2005)

UNITED STATES of America, Plaintiff, v. Jose HUERTA-RODRIGUEZ, Defendant.

United States District Court, D. Nebraska.

February 1, 2005.

Attorney(s) appearing for the Case

Christian A. Martinez, Assistant United States Attorney, Omaha, NE, for Plaintiff.

Jessica L. Milburn, Federal Public Defender's Office, Omaha, NE, for Defendant.

MEMORANDUM OPINION

BATAILLON, District Judge.

Defendant is before the court for sentencing pursuant to the United States Sentencing Guidelines ("the Guidelines"), which have been rendered advisory under the Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. BACKGROUND

In Booker, the Supreme Court found that its holdings in Blakely v. Washington, ___ U...

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