July 21, 2005
Second Circuit notes "tension" between supervised release scheme and Blakely
Yesterday the Second Circuit, in US v. Robinson, No. 04-6664 (2d Cir. July 20, 2005) (available for download below), discussed how a sentence based on a supervised release violation could functionally enhance a guideline sentence, and thus judicial factfinding within the federal supervised release scheme "is in some tension with the rationale of Blakely and Booker." Despite this "tension," the Robinson court ultimately rejects the defendant's Sixth Amendment claim.
Thanks to a helpful reader, I am able to provide the Robinson decision for download below even though for some reason the decision does not yet appear to be available on the Second Circuit's website.
July 21, 2005 at 10:23 AM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference Second Circuit notes "tension" between supervised release scheme and Blakely :