Lonnie Lee Burton, petitioner v. Douglas Waddington, Superintendent, Stafford Creek Corrections Center, respondent, on writ of certiorari to the United States Court of Appeals for the Ninth Circuit: brief of law offices of Robert A. Ratliff as amicus curiae in support of petitioner

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Becker Gallagher Legal Pub., 2006 - Law - 21 pages
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Question presented in Lonnie L. Burton's petition for writ of certioriari is: Mr. Burton was given an exceptional sentence of 258 months above the 304 month ceiling of the statutory sentencin range, and this Washington state sentence became final after Apprendi v. New Jersy, 530 U.S. 466 (2000), but before Blakely v. Washington, 542 U.S. 296 (2004). 1. Is the holding in Blakely a new rule or is it dictated by Apprendi? 2. If Blakely is a new rule, does its requirements that facts resulting in an enhanced statutory maximum be proved beyond a reasonable doubt apply retroactively?

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