Monday, August 16, 2004

Blakely

With half of the legal profession waiting for the Supreme Court's decision on Blakely, the 2nd. Circuit has decided, for the time, at least, that the federal sentencing guidelines are constitutional, releasing a per curiam opinion in U.S. v. Mincy saying it was appropriate to give direction to lower courts given the "considerable consternation & concern" caused by Blakely.
( http://www.law.com/jsp/article.jsp?id=1090180337638 )

The case is posted on the 2nd. Circuit's website under "recent decisions" @ http://www.ca2.uscourts.gov

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