July 8, 2004
The 11th Circuit Speaks!!
I just got word of what I believe is the first federal Court of Appeals decision discussing Blakely. Based on a super-quick read, it does not seem to be a blockbuster, because the 11th Circuit is just saying here in US v. Spero that Blakely "does not undermine the validity of minimum mandatory sentences, at least not where the enhanced minimum does not exceed the non-enhanced maximum." Nevertheless, it still seems that the 11th Circuit today gets the honor of being, in this way, the first circuit.
July 8, 2004 at 05:53 PM | Permalink
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Spero is bad law, I hope. It doesn't square with Blakely where in enhancement struck down was within in the statutory maximum unenhanced. Any thoughts?
Posted by: Dan | Jul 9, 2004 11:03:22 AM
It doesn't square with Blakely where in enhancement struck down was within in the statutory maximum unenhanced.
Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 2:37:02 AM