Free Notice (Other) - District Court of Connecticut - Connecticut

Case 3:OO—cr-OOO69—AHN Document 221 Filed O2/O9/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT f` ?Z'm%
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Clinton a. eax, mg FEB -3 A Q= Ob l
Petitioner: Case No. 3:00-CR-69§AHN) i ,
V I ‘H_Ef, I .5 X} I
UNITED STATES OF AMERICA, ( i
Respondent: i E
NOTICE OF JUDICIAL COGNIZANCE I
COMES NOW, Clinton A. Cox, pro-se, (Hereinafter, "Petitioner") A j
and respectfully files a notice of judicial cognizance and would I l
show as follows: I
The above stated case is still pending in this Honorable Court- l j
house. j j
Subsequent to filing of said case, the United States Supreme i
Court decided the cases of United States v. Booker, 04-104; and ,
United States v. Fanfan, 04-105, on January 12, 2005. The Supreme ‘
Court relied on its holding in Blakely v. Washington, 542 U.S. ___, i
(2004), that "the statutory maximum" for Apprendi purposes is the {
maximum sentence a judge may impose solely on the basis of the facts 4;
reflected in the jury verdict or admitted by the defendant." Id. il
Those facts must be charged in the indictment and proved beyond a IE
reasonable doubt. Apprendi v. New Jersey, 530 U.S. 466 (2000). ,
The Supreme Court in Booker/Fanfan concluded that the Sixth I
Amendment as construed in Blakely does apply to the United States l
Federal Sentencing Guidelines. Also, in a separate opinion authored I g
by Justice Breyer, the Court concluded that in light of its holdings, tl
that two provisions (e.g., I8 U.S.C. § 3553(b)(1) and 18 U.S.C. § !
3742(e) of the Sentencing Reform Act of 1984 (SRA) that have the j,









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Case 3:00-cr-00069-AHN Document 221 Filed O2/O9/2005 Page 2 of 3
» N N N
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_ effect of making the Guidelines mandatory must be invalidated in N
order to allow the statute to operate in a manner consistent with N N
N Congressional intent. ld. at . (Slip Op., at 2). N
The Supreme Court of the United States noted as follows:
N "[llf the Guidelines as currently written could be N
read as merely advisory provisions that recommended,
rather than required, the selection of particular N
Sentences in response to differing sets of facts, N ;
their use would not implicate the Sixth Amendment. '
ld. at (Slip Op., at 8).
The sole purpose of Petitioner's notice of judicial cognizance .
I
‘ is to respectfully inform this Honorable Court of the application _ N
of the Supreme Court of the United States' decision in Booker/Fanfan, N
N as it could have great impact on Petitioner's now pending case in N N
N this Court. N
ln closing, in the event that Petitioner is successful on the
. merits of his claims, he has already served more time in prison N
than the law authorized. The Booker/Fanfan opinion compels that N N
Petitioner‘s claims appear meritorious on its face. Accordingly, N
it is for this reason Petitioner respectfully request that this‘ N N
I Honorable Court also expedite the review of this case as an injustice N N
? might result if Petitioner is successful and serves more time than A N
_ legally sentenced to serve. NN
Dated: Jan. 29th, 2005 N,
Respectfully submitted, NN
¢ 5 Q-A NN 2N-2-vt A
inton A. Copf
if N
J. DWKLEBERGER, CASE MANAGER A
AUTHORIZED BY ACT OF JULY 7, N
1955, TO ADNHNTSTER UATHS
N

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Case 3:00-cr-00069-AHN Document 221 Filed O2/O9/2005 Page 3 of 3 _
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L C 1 i¤t¤¤ 9- COX ,lrerel:¤y certify an r have served s true
and correct copy of the foregoing: I i
l
Notice of Judicial Cognizance I
Which is deemed tiled at the time it was delivered to prison authorities for forwarding to I
the court, Houston vs. Lack, lOl L.Ed.2d 245 (1988), upon the court and patties to
litigation and/or his/her attorney(s) of record, by placing same in a sealed, postage y ‘
prepaid envelope addressed to: A I
Office of the U.S. Attorney [lin ‘ 2 )_.
A U.S. Courthouse yfgif- [’°“`,°I / t t
915 Lafayette Boulevard _ £**i2y·¢#’°» érikftdtt
Bridgeport, Ct. 06604 - 5;-·’L 5-~# GMD?
and deposited same in the Un'd States Postal Mail at the United States Penitentiary, ‘ _
Signed cm this 29th day of Jem. , 2005 ` y
A I I _ Respectfully Submitted, I
5% "·*';·' F/G I. , ,- , 2 '-72 A rg I
. . Clinton Cox A I
» I ‘ REGNO.13883-Olin I p i
t r r i l
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J. QUNKLEBERGER IAS MANAGER p
.AUl|·tOR|ZED BY A OF JULY 7, 1/·,_%( i p J
I HSS, TO ADMINBITER OATHS . · · A I
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