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SHARRIEFF v. CATHEL

No. 07-1156.

574 F.3d 225 (2009)

Jihad Abdullah SHARRIEFF, Appellant v. Ronald H. CATHEL, Administrator; The Attorney General of the State of New Jersey Peter C. Harvey.

United States Court of Appeals, Third Circuit.

Filed: July 30, 2009.

Attorney(s) appearing for the Case

Jihad Abdullah Sharrieff, Trenton, NJ, pro se.

Kenneth P. Ply, Office of County Prosecutor Essex County, Newark, NJ, for Ronald H. Cathel.

Before: BARRY, SMITH, Circuit Judges and RESTANI, Judge.

OPINION

SMITH, Circuit Judge.

Appellant Jihad Abdullah Sharrieff unsuccessfully petitioned the District Court for habeas relief based on an alleged violation of his Sixth Amendment rights under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Because the State1 admits that a Blakely violation occurred, this appeal turns on the resolution of one issue: whether...

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