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U.S. v. RIVERA-CALDERON

No. CRIM.03-294 (DRD).

354 F.Supp.2d 86 (2005)

UNITED STATES of America, Plaintiff v. Jose A. RIVERA-CALDERON, Defendant

United States District Court, D. Puerto Rico.

January 11, 2005.

Attorney(s) appearing for the Case

Ernesto G. Lopez-Soltero, AUSA, for Plaintiff.

Thomas R. Lincoln, San Juan, PR, for Defendant.

OPINION AND ORDER

DOMINGUEZ, District Judge.

Pending before the Court is defendant's, Jose A. RiveraCalderón, Motion for Court to Declare the Sentencing Reform Act's Mandatory Provisions, 18 U.S.C. § 3553(b) Unconstitutional and for Further Remedy as a Result Thereof (Docket No. 168). Defendant requests the Court to declare the effect of Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) over certain mandatory...

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