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November 22, 2004

Recent Ninth Circuit Blakely/Ameline remands

Though not ground-breaking in any significant respect, a few sentencing remands from the Ninth Circuit last week provide another glimpse into the post-Blakely world in the one jurisdiction that has, through its Ameline decision, deemed Blakely applicable to the federal guidelines and also deemed the guidelines severable.  (Prior glimpses into life in the Ninth Circuit after Ameline can be found here and here.)

In US v. Parisian, 2004 WL 2633295 (9th Cir. Nov. 19, 2004), the Blakely-problematic enhancements involved role in the offense and drug quantity; in US v. Gordon, 2004 WL 2603622 (9th Cir. Nov. 17, 2004), two defendants get Blakely remands, although the specific enhancements at issue are not specified (and the court reiterates that "Blakely does not affect a restitution order made, as in this case, under 18 U.S.C. § 3663A"); in US v. Burgert, 2004 WL 2580922 (9th Cir. Nov. 15, 2004), the Blakely-questionable enhancement involved flight from an officer.

As noted previously here, in my testimony to the USSC last week, I encouraged the Commission to assemble and make public any and all data the USSC has collected concerning the post-Blakely state of federal sentencing.  Judge Castillo indicated the Commission would try to release this data as soon as possible, and these remands from the Ninth Circuit only whet my data-junkie appetite more.

November 22, 2004 at 01:22 PM | Permalink

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Comments

can anyone point me in the direction to read,
US v. Parisian, 2004 WL 2633295 (9th Cir. Nov. 19, 2004,
US v. Gordon, 2004 WL 2603622 (9th Cir. Nov. 17, 2004),
US v. Burgert, 2004 WL 2580922 (9th Cir. Nov. 15, 2004.
thanks

Posted by: Jessica T. | Nov 22, 2004 3:58:17 PM

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