July 6, 2004
Starting your Blakely day
To provide a running start on what could be a big Blakely day, here's a Findlaw article about Blakely from Mark H. Allenbaugh, formerly on staff for the USSC and current Co-Chair of the Federal Sentencing Guidelines Committee for the National Association of Criminal Defense Lawyers. Mark's former colleagues will be intrigued to see his prediction that "Blakely may not only mean the end of the Federal Sentencing Guidelines -- in their current form, at least -- but also the end of the U.S. Sentencing Commission as we know it."
In other news, we learn from this article in the Tennesseean that legal experts "have more questions than answers about what Blakely ... is going to mean for Tennessee." Of course, that simply means Tennessee is just like every other jurisdiction in the country.
July 6, 2004 at 06:57 AM | Permalink
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Friday I met with an AUSA and FBI agent for a Rule 35 interview at a federal prison. The AUSA introduced me to a law student who was clerking for their office. I jokingly said to the AUSA that she (student) will not know what the dark ages were like pre-Blakely. He gave me a real frown.
Have a nice day.
Posted by: Dan Goggin | Jul 6, 2004 10:14:50 AM
But what of these so-called "alternate sentences"?? Just finished a case where the Judge abided by the sentencing guidelines, upward enhancements and all (the 6th amendment doesn't apply here in Cincinnati), but the Judge also issued an alternate sentence equaling the exact sentence he'd just issued under the guidelines, "just in case I'm wrong and Blakely does apply". Thoughts/suggestions??
Posted by: Bo Roberts | Jul 6, 2004 1:10:32 PM
Just finished a case where the Judge abided by the sentencing guidelines, upward enhancements and all (the 6th amendment doesn't apply here in Cincinnati)
Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 2:31:13 AM