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July 1, 2004

Rapid-fire post-Blakely rulings

Though it seems most federal district courts put sentencings on hold while everyone tries to figure out Blakely, Judge Joseph Goodwin of the Southern District of West Virginia can be added to the list of judges who believe there is no time like the present. Here, in a thoughtful and thorough opinion in US v. Shamblin, Judge Goodwin concluded that a defendant involved in significant drug operation --- who would have received a life sentence before Apprendi and 20 years before Blakely --- could only now be sentenced to a term of 12 months! Interestingly, in footnote 11 of this opinion, Judge Goodwin expressly rejects Judge Cassell's conclusions in US v. Croxford about the right way to sentence now in light of the conclusion that Blakely applies to the federal guidelines.

Meanwhile, I have heard from a few lawyers that some federal circuit courts are, sua sponte, asking for expedited supplemental briefing on the impact of Blakely on pending guideline appeals. I wonder which circuit will be the first to rule on Blakely, and I find especially intriguing the idea of another summer session for the Supremes raised here by the smart folks at Goldstein & Howe on their great SCOTUS blog.

July 1, 2004 at 10:02 AM | Permalink

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Listed below are links to weblogs that reference Rapid-fire post-Blakely rulings:

» Post-Blakely Case Wrap Up from TalkLeft: The Politics of Crime
Here's some of the Post-Blakely court action to date. Law Prof Doug Berman's Sentencing Law and Policy is totally on top of it. And say hello to the Blakely Blawg . Utah is the big one of course, U.S. v.... [Read More]

Tracked on Jul 1, 2004 9:30:02 PM

» Post-Blakely Case Wrap Up from TalkLeft: The Politics of Crime
Here's some of the Post-Blakely court action to date. Law Prof Doug Berman's Sentencing Law and Policy is totally on top of it. And say hello to the Blakely Blawg . Utah is the big one of course, U.S. v.... [Read More]

Tracked on Jul 1, 2004 9:44:06 PM

Comments

great joy being here my friend..

Posted by: Chuck Norris | Jan 26, 2005 4:23:28 AM

Here's some of the Post-Blakely court action to date. Law Prof Doug Berman's Sentencing Law and Policy is totally on top of it. And say hello to the Blakely Blawg .

Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 1:55:29 AM

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