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· 10/26/2004

United States v. John Walter Trala A/K/A Sonny A/K/A Walter John Trala John Walter Trala

Citations

  • 386 F.3d 536
  • 65 Fed. R. Serv. 791
  • 2004 U.S. App. LEXIS 22264
  • 2004 WL 2382012

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that whether an offense is a “crime of violence or a controlled substance offense” is a legal determination that does not raise an issue of fact under Blakely or Apprendi v. New Jersey, 530 U.S. 466 (2000)
  • holding in a case where the government sought to prove bank robbery, conflicting hearsay statements by a co-defendant regarding the origin of the money were admitted to show consciousness of guilt and were “obviously false”
  • holding, under U.S.S.G. § 4B1.1, that “whether an offense is a ‘crime of violence or a con- trolled substance offense’ is a legal determination, which does not raise an issue of fact under Blakely or Apprendi”
  • finding no Confrontation Clause violation where reliability of out-of-court statements was not at issue and where the statements were not introduced for their truth
  • Blakely and Apprendi do not apply when the amount of restitution was not a disputed issue of fact

Source: CourtListener parenthetical corpus (CC0).

Judges: Roth, McKee, Rosenn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.