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U.S. v. FULLER

Docket No. 04-4595-CR.

426 F.3d 556 (2005)

UNITED STATES of America, Appellee, v. John FULLER, also known as King John, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2005.

Attorney(s) appearing for the Case

Colleen P. Cassidy, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellant.

Justin S. Weddle, Assistant United States Attorney (Peter G. Neiman, Assistant United States Attorney, of counsel; David N. Kelley, United States Attorney for the Southern District of New York, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before: OAKES and CABRANES, Circuit Judges, and GOLDBERG, Judge.

JOSÉ A. CABRANES, Circuit Judge.

This appeal arises from a sentence imposed by the United States District Court for the Southern District of New York (Colleen McMahon, Judge) after the Supreme Court's June 24, 2004 decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), which raised doubt as to the constitutionality of the then-binding U.S. Sentencing Guidelines, but prior to our August...

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