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July 20, 2004

More reports from NY front lines

Lot's of news to report in rapid fire posts. Federal public defender Jennifer Brown writes in to report about a ruling Southern Distict of NY Judge Shira A. Scheindlin handed down in a case she had before Judge Scheindlin on July 9, 2004. Here's the report:

In the case of US v. Krystine Burton, 04 CR 266, Judge Scheindlin ruled (without argument from the parties) "This is in fact my first post-Blakely sentence, and I have been givinga lot of thought as to how I wish to proceed in the post Blakely era. Until anappellate court speaks, each judge will be deciding for him or herself how she wishes to proceed, and I think I am going to fall in that group of judges who agrees with what Judge Cassel wrote in the Croxford case, namely, as far as I am concerned, the federal sentencing guidelines are unconstitutional in full. We can't have part of it unconstitutional and part of it constitutional. It is a single integrated scheme. If the enhancements are unconstitutional, so are the departures. The whole scheme falls apart and I have no intention of applying it." She then imposed a non-guideline sentence of time served and 3 years of supervised release which was the same sentence she said she would have imposed under the guidelines. She said she planned to issue alternative guideline sentences in all her cases.

July 20, 2004 at 03:46 PM | Permalink

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Comments

If the guidelines are all part of "one intergrated scheme," isn't the present good time statute part of that scheme as well? And if we're going back to complete judicial discretion, shouldn't we also be going back to pre-1987 good time and parole? Federal defense.

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Posted by: laptop battery | Oct 14, 2008 5:19:01 AM

And if we're going back to complete judicial discretion

Posted by: Robe de Soirée 2013 | Dec 13, 2012 12:22:41 AM

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