US v. Murillo
No. 04-30508 (9-9-05). This is a felon-in-possession case. The prosecution was based on two state of Washington convictions where the statutory maximum was 5 years but the guidelines were for 12 mos (and he got 10, to run concurrently – there were two convictions). His argument was that under Blakely, the stat max was the 12 mos and not the 5 years. The 9th rejected this argument, reversing the district court. The 9th held that the stat max was the 5 years because that was the maximum sentence defined by the state’s criminal code and not the stat max under the guidelines as applied to this particular defendant under the facts.and under the state guideline scheme..