# United States v. Gilpatrick

> Court of Appeals for the Sixth Circuit · November 26, 2008 · 548 F.3d 479

URL: https://www.frixlaw.com/law-library/cases/9852798

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Michael GILPATRICK, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** November 26, 2008
- **Citations:** 548 F.3d 479; 2008 U.S. App. LEXIS 24199; 2008 WL 4999091
- **Precedential status:** Published
- **Opinion:** Concurrence by Merritt
- **Judges:** Keith, Merritt, Gibbons
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9852798

## How later opinions describe it (automated extraction)

- holding that district courts retained the power to order residence at a community corrections facility as a condition of release
- affirming one-hundred-and-eight months’ imprisonment where corrections officer convinced inmates to attack other prisoner
- discussing the changes wrought by the passage of the act

## Opinion text

MERRITT, Circuit Judge,
concurring.
I agree with the discussion of community service in Section II.A of the court’s opinion.
As to the sentence, it is clear that the jury in its guilty verdict accepted the testimony of several witnesses, including Wright, Loftis and Goolsby, that Gilpatrick obstructed justice by procuring a false statement and organized the violent assault in which Wright, Mullins, Grigg, Lof-tis and Goolsby, wittingly or unwittingly, acted as participants. Hence, the enhancements are based on the jury’s verdict and not on facts found de novo by the sentencing judge. The sentence, therefore, does not violate the Blakely-Booker-Cunningham line of cases which foreclose judicial fact findings outside the jury verdict that increase the Guideline offense level.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9852798. Public record. Not legal advice.