In O’Meara v. Feneis, No. 09-2161, a prosecution for second-degree criminal sexual assault, the court affirmed the denial of petitioner’s habeas petition, holding that the Minnesota Court of Appeals’ decision that Blakely did not apply retroactively to the determination of petitioner’s sentence was not contrary to, and did not involve an unreasonable application of, clearly established federal law.

In US v. Townsend, No. 09-3175, the court affirmed defendant’s bank robbery sentence, holding that the district court was clearly aware of the facts alleged by defendant and took them into account, and on the existing record, defendant was required to show more than the fact that the district court disagreed with his view of what weight ought to be accorded certain sentencing factors.

Related Resources

  • Full Text of O’Meara v. Feneis, No. 09-2161
  • Full Text of Brown v. Kansas City Freightliner Sales, Inc., No. 09-3324
  • Full Text of US v. Townsend, No. 09-3175

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