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U.S. v. OATES

No. 04-4018.

427 F.3d 1086 (2005)

UNITED STATES of America, Appellee, v. Joseph Jonquil OATES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 3, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Virginia G. Villa of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was David M. Genrich, AUSA, of Minneapolis, MN.

Before LOKEN, Chief Judge, BYE and SMITH, Circuit Judges.

BYE, Circuit Judge.

After Joseph Jonquil Oates pleaded guilty to credit card fraud and identity theft, the district court1 sentenced him to forty-one months of imprisonment. Oates appeals contending the district court erred in calculating his sentence under the United States Sentencing Guidelines (U.S.S.G.). Oates also raises constitutional challenges to his sentence under Blakely v. Washington, 542 U.S. 296

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