July 26, 2004
More news from the districts
I received a report today of a district judge in the same circuit as Judge Gertner who did not take her approach to severability (background here). According to the report I received, US District Judge George Z. Singal of the District of Maine (where our old friend Fanfan is from) decided in US v. Zompa, 04-46 that Blakely applies to the federal guidelines, but the federal guidelines are severable and thus the defendant is to be sentenced only based on facts admitted by the defendant. Apparently, the standard guideline calculations for the defendant in this drug case would have produced a sentencing range of 37-46 months, but that was reduced to a range of 0-6 months, and Judge Singal imposed a final sentence of 5 months. Judge Singal also declined the Government's request to give "hypothetical" or alternative sentences. A written opinion is expected.
UPDATE: Here is a copy of the opinion Judge Singal filed in Zompa:
Meanwhile, at the other end of the east coast, Judge Gregory Presnell of the Middle District of Florida continues to adhere to his view that Blakely renders the guidelines wholly inapplicable in all cases (background here). Below are two more short opinions from him:
Download us_v. Parson (03-cr-204).pdf
Download us_v. Khoury (04-cr-24).pdf
Notably, Judge Presnell asserts that US v. Parson "presents a prime example of why the U.S. Sentencing Guidelines cannot be applied in a piecemeal fashion when enhancements are present, as has been suggested by numerous courts across the country in light of Blakely." However, in a post later tonight, I hope to set out an argument which questions this assertion.
July 26, 2004 at 08:51 PM | Permalink
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» CA1: Booker-Zompa remand from Appellate Law
US v. Woodburn, No. 04-2348, 04-2360 (unpublished) is a Booker pipeline case from which both parties appealed. In this post-Blakely, pre-Booker case, the District court followed the “Zompa Methodology” (see United States v. Zompa, 326 F. Supp. 2d 176, ... [Read More]
Tracked on Sep 6, 2005 7:11:51 PM
Sentencing Guidelines cannot be applied in a piecemeal fashion when enhancements are present
Posted by: Robe de Soirée 2013 | Dec 13, 2012 1:35:12 AM