Bush v. Hill

1 Citing case

  1. Miller v. Hill

    Civil No. 07-1066-BR (D. Or. Sep. 29, 2010)

    542 U.S. at 303. In other words, Blakely defined "statutory maximum" in this context to mean the applicable sentencing range under mandatory sentencing guidelines. See, e.g., Bush v. Hill, 2008 WL 4365206 (D. Or. 2008) (explaining effect of Blakely on Oregon's sentencing laws), aff'd 368 Fed. Appx. 840 (9th Cir. 2010). Here, Petitioner was sentenced within Oregon's applicable statutory parameters, satisfying the then-extant interpretations of Apprendi. Because his sentence exceeded the presumptive sentence under the Oregon Sentencing Guidelines, however, the sentence violated Blakely. Nonetheless, it is well settled that Blakely does not apply retroactively to convictions which became final prior to that decision.