U.S. v. ARGENTO

No. CR-94-0851-AK.

371 F.Supp.2d 1167 (2005)

UNITED STATES of America, Plaintiff, v. Joel Phillip ARGENTO, Defendant.

United States District Court, C.D. California.

April 27, 2005.


Attorney(s) appearing for the Case

Andrew Cowan, Assistant U.S. Attorney, Office of U.S. Attorney, Los Angeles, CA, for Plaintiff.

Karen L. Landau, Karen L. Landau Law Offices, Oakland, CA, for Defendant.


ORDER

ALEX KOZINSKI, Circuit Judge.*

Defendant moves pursuant to 28 U.S.C. § 2255 that the court vacate his sentence. He argues that, under United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), "it is clear that [his] sentence was imposed in violation of the Fifth and Sixth Amendments, because his mandatory guideline sentence was increased based on judicially found facts neither inherent in...

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