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U.S. v. GALVEZ-BARRIOS

No. 04-CR-14.

355 F.Supp.2d 958 (2005)

UNITED STATES of America, Plaintiff, v. Jose GALVEZ-BARRIOS, Defendant.

United States District Court, E.D. Wisconsin.

February 2, 2005.

Attorney(s) appearing for the Case

Penelope Fleming, Milwaukee, WI, for Plaintiff.

Jess Martinez, Jr., Milwaukee, WI, for Defendant.

SENTENCING MEMORANDUM

ADELMAN, District Judge.

In United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the Supreme Court held that the federal sentencing guidelines violated the Sixth Amendment. As a remedy, the Court excised that part of the Sentencing Reform Act that made the guidelines mandatory, 18 U.S.C. § 3553(b). "So modified, the ... Sentencing Reform Act of 1984 ... makes the Guidelines effectively advisory...

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