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U.S. v. KELLEY

No. 8:04CR211.

355 F.Supp.2d 1031 (2005)

UNITED STATES of America, Plaintiff, v. Lawrence KELLEY, Jr., Defendant.

United States District Court, D. Nebraska.

February 1, 2005.

Attorney(s) appearing for the Case

Michael J. Hansen, Federal Public Defender's Office, Lincoln, NE, for Defendant.

Robert F. Kokrda, Assistant United States Attorney, Frederick D. Franklin, Assistant United States Attorney, Omaha, NE, for Plaintiff.

MEMORANDUM OPINION

BATAILLON, District Judge.

This matter is before the court for sentencing. This sentencing hearing was continued in anticipation of the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. BACKGROUND

In Booker, the Supreme Court found that its holdings in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi...

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