context: It must be noted that this issue has been previously decided by the Court of Appeals for the Third Circuit, which held that "Apprendi does not apply to [an] increase in [the maximum] sentence under the Sentencing Guidelines."
citation_a.signal: cf.
citation_a.identifier: 331 F.Supp.2d 311, 319-20
citation_a.parenthetical: "[W]hen ... decisions [of the court of appeals] are obviously undermined by more recent opinions of the Supreme Court, the district court has an obligation to recognize the former as overruled."
citation_a.sentence: See Blakely, - U.S. at -, 124 S.Ct. at 2547 n. 1, 2549-50 (O’Connor, J., dissenting) (concluding that majority's reasoning dictates application to federal sentencing proceedings under the Guidelines and citing DeSumma, 272 F.3d at- 181, as an opinion to the contrary); see also Ameline, 376 F.3d at 978; Booker, 375 F.3d at 513; Leach, 325 F.Supp.2d at 560-61; Croxford, 324 F.Supp.2d at 1260-61; cf. Pappas v. City of Lebanon, 331 F.Supp.2d 311, 319-20 (M.D.Pa.2004) (”[W]hen ... decisions [of the court of appeals] are obviously undermined by more recent opinions of the Supreme Court, the district court has an obligation to recognize the former as overruled.”).
citation_b.signal: see
citation_b.parenthetical: concluding that majority's reasoning dictates application to federal sentencing proceedings under the Guidelines and citing DeSumma, 272 F.3d at- 181, as an opinion to the contrary
citation_b.sentence: See Blakely, - U.S. at -, 124 S.Ct. at 2547 n. 1, 2549-50 (O’Connor, J., dissenting) (concluding that majority's reasoning dictates application to federal sentencing proceedings under the Guidelines and citing DeSumma, 272 F.3d at- 181, as an opinion to the contrary); see also Ameline, 376 F.3d at 978; Booker, 375 F.3d at 513; Leach, 325 F.Supp.2d at 560-61; Croxford, 324 F.Supp.2d at 1260-61; cf. Pappas v. City of Lebanon, 331 F.Supp.2d 311, 319-20 (M.D.Pa.2004) (”[W]hen ... decisions [of the court of appeals] are obviously undermined by more recent opinions of the Supreme Court, the district court has an obligation to recognize the former as overruled.”).