July 12, 2004
Another district, another finding of unconstitutionality
They are now coming fast and furious: In US v. Lamoreaux, Western District of Missouri US District Judge Howard Sachs explains his approach in light of his conclusion that Blakely renders the federl guidelines unconstitutional. In a short but sweet opinion linked below, he says:
I have indicated in several courtroom proceedings that I find more persuasive the ruling of Judge Cassell in United States v. Croxford, 2004 WL 1462111 (D.Utah 2004) concluding that we have a constitutionally failed system of sentencing, and must disregard both base offense levels and enhancements as mandatory calibrators at sentencing in the wake of Blakely. Guideline provisions seem generally incapable of being severed in a sensible fashion. Unless and until a new system is devised, I anticipate using pre-Guideline methods of sentencing, giving due deference to facts and factors developed for sentencing use–but of course subject to statutory restrictions.
July 12, 2004 at 11:28 AM | Permalink
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Great post. It does look like a failed system...
Posted by: tyler | Jan 21, 2005 4:25:39 PM
Lamoreaux, Western District of Missouri US District Judge Howard Sachs explains his approach in light of his conclusion that Blakely renders the federl guidelines unconstitutional.
Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 3:22:34 AM