United States v. Matthew Wood ( 2005 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-3149
    ___________
    United States of America,             *
    *
    Plaintiff – Appellee,      * Appeal from the United States
    * District Court for the
    v.                               * Southern District of Iowa.
    *
    Matthew James Wood,                   * [Unpublished]
    *
    Defendant – Appellant.     *
    ___________
    Submitted: May 9, 2005
    Filed: August 5, 2005
    ___________
    Before WOLLMAN, BRIGHT, and BYE, Circuit Judges.
    ___________
    PER CURIAM.
    The district court violated the Sixth Amendment by applying a mandatory
    version of the federal sentencing guidelines, which required it to enhance the
    defendant's sentence beyond the statutory maximum based on facts not admitted to
    by him nor found by a jury beyond a reasonable doubt. United States v. Booker, 
    125 S. Ct. 738
    , 756 (2005). The defendant raised and preserved the error at the time of
    sentencing and we cannot say this constitutional error was harmless beyond a
    reasonable doubt. See United States v. Haidley, 
    400 F.3d 642
    (8th Cir. 2005). We
    therefore vacate the sentence and remand for resentencing.
    ______________________________
    

Document Info

Docket Number: 04-3149

Filed Date: 8/5/2005

Precedential Status: Non-Precedential

Modified Date: 4/18/2021