"Blakely issues exist with regard to the loss and restitution calculations which were based in part on facts neither found by a jury nor
admitted by the appellants. We therefore vacate the appellants’ sentences and remand for reconsideration in light of United States v. Ameline, No. 02-30326, (9th Cir. July 21, 2004) (applying Blakely v. Washington, 124 S. Ct. 2531 (2004) to the United States Sentencing Guidelines).
See United States v. Castro, No. 03-50444 (9th Cir. Aug27, 2004) (per curiam)." SENTENCES VACATED AND REMANDED.
Judge A. Howard Matz states to Killercop that he read the Castro decision very carefully. But omits knowledge of the above rule of the law, following
the guidance he claims to seek. Listen in:
"I've read the Castro decision carefully; and of course, that decision reflects what is the fundamental
background context to this motion, which is that we're waiting...for [Supreme] Court guidance on the
aftermath of Blakely and Ameline. How soon that guidance will be provided and what it
will be, I have no desire to speculate about, but facing that confusion..."
These enhancements [by Judge A. Howard Matz] violated the rule [of law] that sentence enhancements can be based only on facts, proven to a jury beyond a reasonable doubt, as announced in United States v. Ameline, 376 F.3d 967, 980 (9th Cir. 2004).
See also Blakely v. Washington, 124 S. Ct. 2531 (2004). Absent these questioned enhancements, the sentencing ranges
would be substantially less.
SENTENCES VACATED AND REMANDED.
"These enhancements [by Judge A. Howard Matz] violated the rule [of law] that sentence enhancements can be based only on facts, proven to a jury beyond a reasonable doubt, as announced in United States v. Ameline, 376 F.3d 967, 980 (9th Cir. 2004).
See also Blakely v. Washington, 124 S. Ct. 2531 (2004). Absent these questioned enhancements, the sentencing ranges
would be substantially less."
SENTENCES VACATED AND REMANDED.
"We cannot determine from the record whether the district court would have imposed a materially different sentence as to either Defendant [if it had known] that the Guidelines were advisory rather than mandatory, as the Supreme Court held in Booker.
In fulfilling this mandate, the district court may hold such hearings and enter such orders as it determines to be necessary, including,
without limitation, modifying or vacating its previous sentence.
Henry Louis Gates' Contempt Of Cop Emptywheel - At tonight's nationally televised press conference, a reporter asked President Obama a question about the July 16 arrest of famed Harvard professor Henry Louis Gates. Obama set off...
Contempt of Cop' by William Norman Grigg - The police are to the government as the edge is to the knife, insists sociologist David Bayley, who apparently couldn't explain why the typical...
Welcome to America Now step inside the jail cell - The audio exchange in this video was apparently recorded at the U.S. Canada border after a Canadian displayed contempt-of-cop towards the American law enforcement officer asking questions.
Contemptible police tactics - Cops raid the home of a licensed medical marijuana provider in Washington, handcuff the fourteen year old son and put a gun to his head, and search the nineteen year old daughter and take the contents of her mickey-mouse wallet.
How To Survive Traffic Stops in America, Submit, Instantly! - What the cops want is immediate obedience and submission. Many cops are ex-military and view the civilian motorists of America about like they viewed the hapless peasants of Iraq and Afghanistan, that is, with contempt, not as fellow citizens deserving of civility and respect. It is a possibly lethal mistake to do anything other than submit, instantly and obey! Or be ready to shoot first. But aim high.
