“A July 2nd. Memorandum by Deputy Attorney General James Comey to all federal prosecutors sets out the government’s legal position that a recent US Supreme Court decision does not apply to the US Sentencing Guidelines.
“In Blakely v. Washington, US No. 02-1632, 6/24/04, the Court ruled 5-4 that sentencing schemes that allow sentences to be enhanced on the basis of facts other than those found by the jury in convicting the defendant or admitted by the defendant violate the 6th. Amendment right to a jury trial”
Articles on Law.com recently describe federal court judges holding that Blakely doesn’t apply to federal sentencing guidelines and is unconstitutional. (http://www.law.com/jsp/article.jsp?id=1089315054139 ) and (http://www.law.com/jsp/article.jsp?id=1090180148215 )
There are articles in BNA’s U.S. Law Week and Corporate Counsel Weekly relating to the Attorney General’s position as stated above, if anyone’s interested.
Additionally, the National Association of Criminal Defense Lawyers (NACDL), an on-line source for liberal coverage of crime-related political and injustice news, has created a Blakely v. Washington resource page @ http://www.nacdl.org/public.nsf/newsissues/blakely?opendocument “keeping track of post-Blakely decisions and news, including links to major websites covering the case.”
There is a “state sentencing commission response to Blakely.” Representing Kansas and Pennsylvania @ http://www.ussc.gov/STATES/blakely.htm and one from the Indiana Law Blog @ http://www.indianalawblog.com/my/archives/2004/06/000634.html
I found an article on Hastings College of Law professor Rory Little, “in a long-shot attempt to clear up the nationwide chaos over the Blakely sentencing decision…to ask the Supreme Court to reconsider the case” @ http://biz.yahoo.com/law/040715/c6ad53f83b5fb8070ded74d752c353ac_1.html
Also, Tom Enneking, MLS, reference and assistant law librarian at the Cincinnati Law Library, has an article in the current Library newsletter, which by the way, is now being circulated to all members and Hamilton County court officials.
(Case posted on FindLaw @ http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=02-1632 )
(Supreme Court posting @ http://a257.g.akamaitech.net/7/257/2422/24june20041200/www.supremecourtus.gov/opinions/03pdf/02-1632.pdf )
“In Blakely v. Washington, US No. 02-1632, 6/24/04, the Court ruled 5-4 that sentencing schemes that allow sentences to be enhanced on the basis of facts other than those found by the jury in convicting the defendant or admitted by the defendant violate the 6th. Amendment right to a jury trial”
(Corporate Counsel Weekly, July 14,2004 Pp. 1)
Articles on Law.com recently describe federal court judges holding that Blakely doesn’t apply to federal sentencing guidelines and is unconstitutional. (http://www.law.com/jsp/article.jsp?id=1089315054139 ) and (http://www.law.com/jsp/article.jsp?id=1090180148215 )
There are articles in BNA’s U.S. Law Week and Corporate Counsel Weekly relating to the Attorney General’s position as stated above, if anyone’s interested.
Additionally, the National Association of Criminal Defense Lawyers (NACDL), an on-line source for liberal coverage of crime-related political and injustice news, has created a Blakely v. Washington resource page @ http://www.nacdl.org/public.nsf/newsissues/blakely?opendocument “keeping track of post-Blakely decisions and news, including links to major websites covering the case.”
There is a “state sentencing commission response to Blakely.” Representing Kansas and Pennsylvania @ http://www.ussc.gov/STATES/blakely.htm and one from the Indiana Law Blog @ http://www.indianalawblog.com/my/archives/2004/06/000634.html
I found an article on Hastings College of Law professor Rory Little, “in a long-shot attempt to clear up the nationwide chaos over the Blakely sentencing decision…to ask the Supreme Court to reconsider the case” @ http://biz.yahoo.com/law/040715/c6ad53f83b5fb8070ded74d752c353ac_1.html
Also, Tom Enneking, MLS, reference and assistant law librarian at the Cincinnati Law Library, has an article in the current Library newsletter, which by the way, is now being circulated to all members and Hamilton County court officials.
(Case posted on FindLaw @ http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=02-1632 )
(Supreme Court posting @ http://a257.g.akamaitech.net/7/257/2422/24june20041200/www.supremecourtus.gov/opinions/03pdf/02-1632.pdf )
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