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August 14, 2004

Has the Sixth Circuit ruled?

I received a report that the Sixth Circuit handed down a decision late yesterday in US v. Koch, the case taken en banc to consider Blakely issues. This link on the Sixth Circuit site reports this for yesterday's Sixth Circuit dispositions:

02-6278 USA v. Koch
ORDER filed - AFFIRM

But I cannot find anything else about the ruling. I am about to head into the car for at 10-hour ride home, but in the meantime I hope that readers might be able to fill in the missing details in this obviously noteworthy development.

August 14, 2004 at 10:28 AM | Permalink

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Score another one for the guidelines. From the docket sheet in the case:

ORDER filed: The judgment of the district court is AFFIRMED; We hold, with a formal opinion and dissenting opinion to follow, that the decision of the U.S. Supreme Court in Blakely V. Washington, 124.S.Ct. 2531(2004), does not invalidate the appellant's sentence under the federal Sentencing Guidelines. Accordingly, the district courts within the Sixth Circuit are hereby instructed to continue sentencing defendants in accordance with the Guidelines, as they did prior to Blakely. In the interest of judicial economy, and pending a definitive ruling by the Supreme Court, we recommend that the district courts within this circuit also announce at the time of sentencing a sentence pursuant to 18 U.S.C.A. Sec.3553(a) (West 2000 & Supp.2004), treating the Guidelines as advisory only. Danny J. Boggs, Chief Judge, Boyce F. Martin, Ralph B. Guy, Alice M. Batchelder, Martha C. Daughtrey, Karen N. Moore, R. G. Cole, Eric L. Clay, Ronald L. Gilman, John M. Rogers, Jeffrey S. Sutton, Deborah L. Cook, Circuit Judges. (cf)

Posted by: Alex E. | Aug 14, 2004 11:04:22 AM

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