Friday, January 06, 2006

10th Cir: Line from Apprendi to Booker not Obvious

US v. Fields, 05-2202

The Tenth Circuit denied a Certificate of Appealability yesterday, rejecting an ineffective assistance of counsel claim. The habeas petitioner argued that his counsel should have objected to the federal sentencing guidelines under Apprendi. The court held that the "failure to extrapolate the holding in Booker from Apprendi" was not unreasonable. The ruling can be acessed here.


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