United States v. Jesse E. Turnbull, Also Known as Jesse E. Turnbough, 414 F.3d 942 (8th Cir. 2005). · Go Syfert
United States v. Jesse E. Turnbull, Also Known as Jesse E. Turnbough, 414 F.3d 942 (8th Cir. 2005). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Gailyn Bass (ca8, 2006-01-27)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Gailyn Bass
8th Cir. · 2006 · confidence medium
To remedy the problem, the Supreme Court struck down the statutory provisions which made the Guidelines mandatory, the effect of which was to ‘make[ ] the Guidelines effectively advisory.’ ” United States v. Turnbull, 414 F.3d 942, 943 (8th Cir.2005) (quoting Booker , 543 U.S. at -, 125 S.Ct. at 757 )). *445 In this case, Gailyn Bass’s 210 month sentence was based in part upon judge-found facts regarding the amount of cocaine attributed to him under United States States Sentencing Guideline (U.S.S.G.) § 2D1.1.
discussed Cited "see, e.g." State of West Virginia v. William T. Wilfong
W. Va. · 2022 · signal: see also · confidence low
Va. 194 , 151 S.E.2d 115 (1966) (“A plea of guilty is an admission of whatever is well charged in the indictment and the acceptance thereof by the court effects a conviction for that offense.”); see also McCarthy v. U.S., 394 U.S. 459, 466 (1969) (“a guilty plea is an admission of all the elements of a formal criminal charge”); see also State v. Liebnitz, 603 N.W. 2d 208, 214 (Wis. 1999) (recognizing the well-established rule that what is admitted by a guilty plea is all the material facts alleged in the charging document). 10 Section 922(g)(3) provides, in relevant part, that “[i]t …
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Jesse E. TURNBULL, Also Known as Jesse E. Turnbough, Appellant
03-1633.
Court of Appeals for the Eighth Circuit.
Jul 18, 2005.
414 F.3d 942
William S. Margulis, argued, St. Louis, for appellant., Allison Behrens, AUSA, argued, St. Louis, MO, for appellee.
Arnold, Beam, Bye.
Cited by 15 opinions  |  Published
PER CURIAM.

This case is before us on remand from the United States Supreme Court for further consideration in light of its decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Booker held enhancements based upon judge-found facts under the mandatory-federal Sentencing Guidelines violate the Sixth Amendment. To remedy the problem, the-Supreme Court struck down the statutory provisions which made the Guidelines mandatory, the effect of which was to “make[] the Guidelines effectively advisory.” Id. at 757.

In this case, Jesse Turnbull’s fifty-one month sentence for being an unlawful user of controlled substances in possession of a firearm was based in part upon a mandatory enhancement which violated the Sixth Amendment. Specifically, the district court [1] found Turnbull possessed between eight and twenty-four firearms as part of the offense, triggering a four-level enhancement' in Turnbull’s offense level under United States Sentencing Guideline (U.S.S.G.) § 2K2.1(b)(l)(B). Turnbull never challenged the enhancement in the district court on Sixth Amendment grounds, however, and thus we review for plain error. See Fed.R.Crim.P. 52(b).

Under plain error review, Turnbull must show a “reasonable probability that he would have received a more favorable sentence with the Booker error eliminated by making the Guidelines advisory.” United States v. Pirani, 406 F.3d 543, 551 (8th Cir.2005) (en banc). We have reviewed the sentencing transcript and conclude Turnbull cannot show by a reasonable probability he would have received a more favorable sentence if the Guidelines were advisory. Although the district court sentenced him at the low end of the applicable guideline range, that fact standing alone is “insufficient ... to demonstrate a reasonable probability that the court would have imposed a lesser sentence absent the Booker error.” Id. at 553.

Having found no plain error, we reinstate our prior opinion and once again affirm Turnbull’s judgment of conviction and sentence in all respects.

1

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.