In his pre-sentencing motion challenging the Guidelines' facialĬonstitutionality, Willis argued that because Apprendi, Ring, andĪpplied to the Guidelines, the creation of a mandatory determinate sentencing After supplemental briefing, Willis further argues that the districtĬourt's consideration of the dismissed charges in its formulation of his sentenceĪmounted to "a lethal cocktail" requiring a new sentencing hearing under United ![]() Unconstitutional in their entirety, or as applied, thereby necessitating On appeal, Willis argues that the Sentencing Guidelines are invalid or $1000 fine, and three years of supervised release. Imprisonment, the middle of the applicable guideline range of 30-37 months, a Inĭenying Willis's motion, the district court held that the Guidelines could beĪpplied constitutionally, and that there were "no Blakely issues" because theĬourt was "not doing any Blakely findings." Willis was sentenced to WillisĪlso made an as-applied challenge to the constitutionality of the Guidelines. Willis then filed a motion seeking to have the Sentencing Guidelinesĭeclared facially unconstitutional under Blakely v. Finding that the case does not fall outside the heartland of similarĬases, the district court denied the downward departure. Willis did notĬhallenge either the base offense level or the criminal history score recommendedīy the PSR. ("PSR") (1) and sought a downward departureįor under the two applicable Guideline provisions acceptance of responsibility §īefore sentencing, Willis filed written objections to the pre-sentence report Three-level reduction for acceptance of responsibility pursuant to U.S.S.G. ![]() Government dismissed the other charges, and agreed that he should receive a Ineffective assistance of counsel and sentencing matters. As part of a pretrial agreement, Willis agreed to plead guilty to possession of aįirearm and waived his appeal rights, reserving the right to appeal only Superceding indictments that added various drug offenses to the firearms offense. Indicted for being a felon in possession of a firearm, the government filed two William Willis appeals his sentence for unlawful possession of a firearm byĪ felon in violation of 18 U.S.C.
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