Sentencing Case News

Following the U.S. Supreme Court's "Booker/Fanfan" decision at the beginning of the month, one of the questions being raised was what affect that decision is going to have on state courts. A National Law Journal article on Jan. 17th. (subscription required) related that "appeals courts were going to hold the keys to sentencing," and that definitions of 'reasonable' were going to have to be "played out in the circuits."

A Lawyers' Weekly, USA article this morning relates the Idaho Supreme Court's holding that "a state sentencing scheme that gives judges discretion in sentencing doesn't violate the Sixth Amendment." ( State v. Stover, Idaho Supreme Court No. 30313, Jan. 6, 2005)

Also yesterday, the U.S. 6th. Circuit Court of Appeals affirmed in part a Michigan Western District's holding in a possession with intent to distribute case, but vacated the district court's sentence as a 6th. Amendment violation. (U.S. v. Oliver, Case No. 03-2126).