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RUCKER v. U.S.

No. 2:04-CV-00914PGC.

382 F.Supp.2d 1288 (2005)

Stacy RUCKER Plaintiff, v. UNITED STATES of America Defendant.

United States District Court, D. Utah, Central Division.

February 10, 2005.

Attorney(s) appearing for the Case

Stacy Rucker, Sheridan, OR, pro se.

MEMORANDUM OPINION DENYING § 2255 MOTION TO VACATE SENTENCE

CASSELL, District Judge.

In October 2003, Stacy Rucker was sentenced to serve 121 months in prison for armed bank robbery. That sentence was determined, in part, by reference to the Sentencing Guidelines. Since then the United States Supreme Court has held in Blakely v. Washington1 that the Sixth Amendment Right to a Jury Trial requires jury fact-finding...

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