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U.S. v. TSO

No. CR 03-1880 JB.

376 F.Supp.2d 1158 (2004)

UNITED STATES of America, Plaintiff, v. Fernando TSO, Defendants.

United States District Court, D. New Mexico.

November 24, 2004.

Attorney(s) appearing for the Case

David Iglesias, United States Attorney for the District of New Mexico, Stan Whitaker, Assistant United States Attorney, Albuquerque, NM, for the Plaintiff.

Benjamin Gonzales, Assistant Federal Defender, Albuquerque, for Defendant Dexter Tso.

David A Streubel, Kelley, Streubel, Mortimer & Middlebrooks, LLC, Albuquerque, NM, for Defendant Fernando Tso.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Fernando Tso's Objection to Presentence Investigation Report and Sentencing Memorandum, filed November 15, 2004 (Doc. 97). The primary issues are (i) whether the Court can, under the Supreme Court's recent decision in Blakely v. Washington, enhance Tso's offense level because he allegedly restrained the victim; and (ii) whether...

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