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March 19, 2005

Lots of Blakely and Booker stories in the papers

Though I a still catching my breath from another big sentencing week, my ugly bracket has me focused on work rather than basketball this morning.  And I have found a number of interesting Blakely and Booker stories in the papers:

  • This article from the Gary Post Tribune explains why the Indiana Supreme Court's Smylie decision  (basics here, commentary here and here and here), which applied Blakely to Indiana's sentencing scheme, "has judges, prosecutors and defense lawyers scratching their heads."

  • This article from the Billings Gazette provides background on Booker and details how the post-Booker world is playing out in Montana.

  • The papers have a lot of basic coverage of the Second Circuit's remand of Martha Stewart's case for resentencing (see here and here), though the stories do not clearly explain whether Second Circuit ordered resentencing or just gave Judge Cedarbaum discretion to consider resentencing (and I cannot find the Second Circuit's order on line).

March 19, 2005 at 09:27 AM | Permalink


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» Court: Martha Stewart Must Be Resentenced from TalkLeft: The Politics of Crime
Late Thursday, the Second Circuit Court of Appeals ruled that Martha Stewart can be resentenced because the guidelines are only advisory, not binding, since the Booker and FanFan cases. Martha's lawyers may seek to end her period of house arrest,... [Read More]

Tracked on Mar 19, 2005 12:16:20 PM


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