United States v. Onunwor

“Because the Court cannot locate an official opinion published on this case, it presumes accurate the following order, as quoted on the Sentencing Law and Policy weblog:

We hold, with a formal opinion and dissenting opinion to follow, that the decision of the U.S. Supreme Court in Blakely v. Washington, 124 S. Ct. 2531(2004), does not invalidate the appellant's sentence under the federal Sentencing Guidelines. Accordingly, the district courts within the Sixth Circuit are hereby instructed to continue sentencing defendants in accordance with the Guidelines, as they did prior to Blakely. In the interest of judicial economy, and pending a definitive ruling by the Supreme Court, we recommend that the district courts within this circuit also announce at the time of sentencing a sentence pursuant to 18 U.S.C.A. Sec.3553(a) (West 2000 & Supp.2004), treating the Guidelines as advisory only.

Douglas A. Berman, "I'm Home . . . and Grumpy about the Sixth Circuit," Sentencing Law and Policy, Aug. 14, 2004, available at http://sentencing.
typepad.com/sentencing_law_and_policy/2004/08/im_home_and_gru.html.” Order in United States v. Onunwor, NO. 1:04-CR-211 (N.D. Ohio Aug. 19, 2004)   

   

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