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August 18, 2004

A jury trial on criminal history?

Yet again, fewer Blakely media stories (background here), but great intrigue therein. Specifically, this article from The Wichita Eagle suggests that US District Judge Monti Belot has concluded, after a prosecutor moved to depart upward from the federal guidelines on the basis of a defendant's criminal history involving many previous DUI convictions, that "the Blakely ruling won't allow him to depart from the guidelines without first holding a jury trial."

August 18, 2004 at 08:41 AM | Permalink

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