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Burton Vs. Stewart
Cites for this judgment
- US Supreme Court
- Jan 09, 2007
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Per Curiam Burton V. StewartSearch
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Supreme Court of the United States Lonnie Lee Burton, Petitioner V. BelindaSearch
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to determine whether our decision in Blakely v. WashingtonSearch
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judgment). In that judgment, the court sentenced Burton to a total of 562 months in prison. State v. BurtonSearch
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State v. BurtonSearch
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s conviction, State v. BurtonSearch
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supra , a decision the Washington Supreme Court declined to review, State v. BurtonSearch
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s potential early release credits, raising vindictiveness concerns. State v. BurtonSearch
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Court denied relief, id., at 42, and the United States Court of Appeals for the Ninth Circuit affirmed, Burton v. WalterSearch
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only the constitutionality of his sentence. In particular, he alleged that it violated our decision in Apprendi v. NewSearch
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determinations. The District Court again denied the petition, App. 77, and the Ninth Circuit again affirmed, Burton v. WaddingtonSearch
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s Apprendi claim and agreed with the State that Burton could not benefit from Blakely v. WashingtonSearch
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see also Felker v. TurpinSearch
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because, under McCleskey v. ZantSearch
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s. The plurality opinion in Rose v. LundySearch
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Duncan v. WalkerSearch
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U. S. 269 , 277 (2005). Burton directs us to two decisions, Stewart v. Martinez-VillarealSearch
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petition filed after a mixed petition has been dismissed under Rose v. LundySearch
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Berman v. UnitedSearch
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the habeas petition for lack of jurisdiction. It is so ordered. Footnote 1 As we noted in Blakely v. WashingtonSearch
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robbery, and burglary, if run concurrently, would have punished Burton as if he had committed only the rape. State v. BurtonSearch
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s reliance on Castro v. UnitedSearch
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Blakely v. WashingtonSearch
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Burton v. WalterSearch
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Apprendi v. NewSearch
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Burton v. WaddingtonSearch
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Castro v. UnitedSearch
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