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July 6, 2004

DOJ speaks!!! (sort of)

I had heard word from various quarters that DOJ circulated to federal prosecutors on Friday a memo with Blakely wisdom and guidance. I just obtained today a copy of that document, which has now been made public. You should be able to access the memo -- addressed to All Federal Prosecutors from James Comey, Deputy Attorney General regarding DOJ's "Legal Positions and Policies in Light of Blakely v. Washington" -- through the link here:
Download dag_blakely_memo_7204.wpd

Update: Here's a pdf version for those struggling to get the other version:
Download dag_blakely_memo_7204.pdf

The memo is a rich read with lots of points for future commentary. For now, here's the key opening paragraph:

The position of the United States is that the rule announced in Blakely does not apply to the Federal Sentencing Guidelines, and that the Guidelines may continue to be constitutionally applied in their intended fashion, i.e., through factfinding by a judge, under the preponderance of the evidence standard, at sentencing. The government’s legal argument, which will be developed more fully in a model brief that the Criminal Division will distribute, is that the lower federal courts are not free to invalidate the Guidelines given the prior Supreme Court decisions upholding their constitutionality, and that, on the merits, the Guidelines are distinguishable from the system invalidated in Blakely.

July 6, 2004 at 02:33 PM | Permalink

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» DOJ Sends Out Blakely Memo to Prosecutors from TalkLeft: The Politics of Crime
Courtesy of Law Professor Doug Berman of the blog Sentencing Law and Policy, we now have access to the memo DOJ circulated Friday (pdf) to federal prosecutors with Blakely guidance. The opening paragraph reads: The position of the United States... [Read More]

Tracked on Jul 6, 2004 3:10:10 PM

» DOJ Sends Out Blakely Memo to Prosecutors from TalkLeft: The Politics of Crime
Courtesy of Law Professor Doug Berman of the blog Sentencing Law and Policy, we now have access to the memo DOJ circulated Friday (pdf) to federal prosecutors with Blakely guidance. The opening paragraph reads: The position of the United States... [Read More]

Tracked on Jul 6, 2004 3:16:29 PM

» DOJ Sends Out Blakely Memo to Prosecutors from TalkLeft: The Politics of Crime
Here's the waiver prosecutors are urged to put in new plea agreements: bq. Prosecutors should immediately seek to obtain plea agreements that contain waivers of all rights under Blakely. The agreements should generally include provisions stating that ... [Read More]

Tracked on Jul 6, 2004 5:13:50 PM

» DOJ Sends Out Blakely Memo to Prosecutors from TalkLeft: The Politics of Crime
Courtesy of Law Professor Doug Berman of the blog Sentencing Law and Policy, we now have access to the memo DOJ circulated Friday (pdf) to federal prosecutors with Blakely guidance. The opening paragraph reads: The position of the United States... [Read More]

Tracked on Jul 6, 2004 5:16:42 PM

» DOJ Sends Out Blakely Memo to Prosecutors from TalkLeft: The Politics of Crime
Update: The Senate will hold a Blakely hearing July 13. Sen. Orrin Hatch will preside--not a good sign. *********** Original Post Courtesy of Law Professor Doug Berman of the blog Sentencing Law and Policy, we now have access to the... [Read More]

Tracked on Jul 6, 2004 5:34:03 PM

» DOJ Sends Out Blakely Memo to Prosecutors from TalkLeft: The Politics of Crime
Update: The Senate Judiciary Committee will hold a Blakely hearing July 13. Sen. Orrin Hatch will preside--not a good sign. *********** Original Post Courtesy of Law Professor Doug Berman of the blog Sentencing Law and Policy, we now have access... [Read More]

Tracked on Jul 6, 2004 8:24:43 PM

» DOJ Sends Out Blakely Memo to Prosecutors from TalkLeft: The Politics of Crime
Update: The Senate Judiciary Committee will hold a Blakely hearing July 13. Sen. Orrin Hatch will preside--not a good sign. *********** Original Post Courtesy of Law Professor Doug Berman of the blog Sentencing Law and Policy, we now have access... [Read More]

Tracked on Jul 6, 2004 11:48:38 PM

Comments

Professor of Law

Posted by: Max Kravitz | Sep 3, 2004 11:30:26 AM

Professor of Law

Posted by: Max Kravitz | Sep 3, 2004 11:31:43 AM

Can you tell me if deaf criminal defendants who violated misd probation once for dirty test...do they have a right to TASC county programs and residential treatment (as he and i have been told by sonoma county office of alcohol and other drugs that they won't pay for it...) If he is turned down for residential program when he has never been given opportunity...does he really have to serve a one year term???

Posted by: patty wertz | Nov 14, 2005 3:32:29 PM

Can you tell me if deaf criminal defendants who violated misd probation once for dirty test...do they have a right to TASC county programs and residential treatment (as he and i have been told by sonoma county office of alcohol and other drugs that they won't pay for it...) If he is turned down for residential program when he has never been given opportunity...does he really have to serve a one year term???

Posted by: patty wertz | Nov 14, 2005 3:33:12 PM

Can you tell me if deaf criminal defendants who violated misd probation once for dirty test..

Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 2:29:22 AM

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