September 7, 2004
Re-start your sentencings in Indiana
Though this news is now a bit dated, with all the recent SCOTUS briefing activity I just noticed this weekend that Chief Judge Robert Miller of the US District Court of Northern Indiana denied the request by local US Attorney Joseph Van Bokkelen for a district-wide stay of all sentencings until the US Supreme Court decides Booker and Fanfan.
The details of the interesting stay motion filed last month can be found here, and Marcia Oddi at the The Indiana Law Blog has the highlights of the motion's denial here. In addition, this newspaper article discusses the denial of the motion, while this article reports on a Blakely-impacted sentencing in the Northern District of Indiana right after the motion was denied.
September 7, 2004 at 11:57 PM | Permalink
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It is unremarkable, perhaps, that Judge Sharpe followed Booker to the extent of saying that Blakely appplies to the Guidelines. But apparently without much mess or fuss, he concluded that the Guidelines are severable, applying only downward adjustments. That was a question that Booker specifically left open.
I'm so far behind at the moment--and today was a brief day for me--I do not know or recall what other district courts in the Seventh have done with respect to severability.
Posted by: Michael Ausbrook | Sep 8, 2004 1:04:48 AM