Minter

United States v. Minter

Good Law
136 F. App'x 970
United States Court of Appeals for the Ninth CircuitJune 29, 2005No. 03-30042California635 words

Opinion

Lead Opinion

MEMORANDUM *

Bruce E. Minter appeals his sentence for bankruptcy fraud, including the district court’s imposition of restitution. We previously disposed of other issues Minter raised on appeal in a memorandum and withdrew submission. In an Order filed concurrently herewith, we resubmit this case. In this memorandum, we address Minter’s challenge to his sentence. We continue to defer decision on Minter’s challenge to his restitution order.

Because the parties are familiar with the facts, we reference them only as necessary for our decision. Minter was sentenced to 30 months’ imprisonment, near the midpoint of the 27-33 month range the district court found applicable under the U.S. Sentencing Guidelines. In response to our Order for supplemental briefing, he challenges, under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), the imposition of three sentencing enhancements — an argument he preserved below by raising a challenge under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), to the district court’s use of judge-found facts at his sentencing hearing. Evaluating his arguments in light of United States v. Book er, —…

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