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June 22, 2004
Chief Judge William Young's Magnum Opus Declaring Federal Guidelines Unconstitutional
Apparently we did not have to wait for the Supreme Court to rule in Blakely to have a blockbuster ruling that Apprendi renders the federal sentencing guidelines unconstitutional. In a truly remarkable 177-page opinion released late Monday, Chief Judge William Young of the U.S. Distict Court of the District of Massachusetts has ruled that the logic of Apprendi and Ring renders the federal sentencing guidelines unconstitutional.
Chief Judge Young’s opinion is remarkable for its scope and depth, as well as its wide-ranging criticisms of the entire fedral sentencing guidelines system. Whatever the Supreme Court's forthcoming decision in Blakely says about Judge Young’s legal conclusion, this opinion serves as something of a "State of the System" statement about federal sentencing reform. It merits all the time it takes to read.
June 22, 2004 at 04:48 PM | Permalink
Comments
None of the above. I'm just a great grandmother blown away by the beauty of Judge Young's ruling and the way he expressed it. With more judges like him we would be in a much better place as a nation.
Thank you for your time.
Posted by: Nancy Ferguson | Oct 14, 2004 3:44:37 PM
i'm a professor, but not of law. I wonder, is there some intellectual connection between William Young on sentencing guidelines and William Young on Richard Reid?
Posted by: russell berman | Feb 25, 2005 12:35:16 AM
They hate our freedoms. Our freedoms to blow their childrens bodies out of their beds with bunker busters at midnight, our soldier's freedoms to rape their daughters and shoot their kids in the heads... Our freedoms to export poverty around the world in exchange for oil for fat white capitalist judges like good ol' judge young...
The patriot act destroyed the bill of rights, and you don't even know it...
Posted by: uliveinnafascistpolicestate | Oct 8, 2006 1:54:24 AM
It is unfortunate that the Americans, and Steven Harper, our PM, do not care as much about the freedom and security of others in the world as they/we do about themselves/ourselves. The notion that we can impose freedom and security on others with force is an oxymoron.
What the current events in the world are proving is that dressing young men up in military uniforms and equipping them with the most sophisticated weapons and sending them off to fight for freedom and democracy in a foreign country, as Zbigniew Brzezinski, the Security Advisor to Jimmy Carter who commented in response to G. Bushes new Surge strategy, is that it is a colonial strategy in a post colonial era. A desperate strategy divorced from reality.
Until such time as we see all beings as equal and connected and respected, acts of individuals in protest of their exclusion will continue. What we now call terrorists are there for a purpose. To teach us that the thoughts which have created the institutions that serve us need to be rethought. The judges attempt to paint the shoe bomber as nothing but a terrorist says more about the institutions of government than it does about the shoe bomber. Those who representing those institutions are scared to death. The responses reflect that desperation to shore up the ranks in fear that a shoe bomber will bring down the Empire, but in so doing, reveal its weakness.
Back to our interchange about perspectives, it seems fairly clear that one man's terrorist is another mans hero. If that were not the case why is it that there seems to be an endless supply of terrorists while the Americans are finding it more difficult to fill the ranks of a volunteer army, with the line between volunteer and mercenary, now more than just a little bit blurred.
The judges attempts to discredit the shoe bomber are rather a pathetic attempt to claim the high ground. Truth needs no defense and what is not true cannot be defended. What I hear is a desperate attempt by the judge to hide the truth with a wall of denial.
There is a line in a Bob Dylan song, which I think is called Every Man Shall be Released, that goes;
They say that every man needs protection
They say that every man must fall,
And yet I see my own reflection
Somewhere high above these walls.
Ken McLaren
Financial advisor
A student of A course In Miracles.
And Candian of course.
Posted by: Kenneth McLaren | Jan 29, 2007 7:35:48 PM
I agree with whaT YOU ARE SAYING. i AM TRYING TO GET HELP IN CHANGING THE LAWS. mY FATHER WAS SENTENCED TO 1YR AND A DAY FOR PRINTING TSHIRTS. HE HELPED THE GOVERNMENT FOR 9 MONTHS AND BECAUSE OF THE GUIDELINES HE COULD NOT GET PROBABTION. I HAVE LOTS TO SAY AND ASK. PLEASE CONTACT ME VIA EMAIL
THANK YOU
Posted by: nicole | Mar 12, 2008 10:56:25 AM
My brother was sentenced to 22 yrs. for being a felon in possession of firearms. He had an increased sentence (enhancement) for crimes he had committed years ago and for which he had already served his time. How many times does one have to pay for his crimes? Judge Young gave him the sentence and now he calls the guidelines unconstitutional!!!! What's up with that? I would like your opinion.
Thank You,
Denise Benevides
Posted by: denise benevides | May 16, 2008 6:31:36 PM
I am a student pursuing a degree in finance as well as economics.
This is a response to "They hate our freedoms.."
You sound like one of those self-righteous morons who take one of the freedoms living in America gives you, the freedom of speech, to speak out against "fat white capitalist judges", the military, the president, and pretty much anyone who is devoting their life to our (yes, yours and mine) country. If you don't like the freedoms that we have or the people that are running and protecting our country, then leave. There are thousands (to put it modestly) of people who would die (and do) to try to come to America.
Yes, there are innocent lives that have been lost in this war along with every other war that this earth has ever seen. And yes, there are children killed everyday of war in attempts to hit our intended target. But guess what? Terrorists are killing families, villages, communities, and children for not cooperating, and the ones who do cooperate grow up to be leaders/followers like/to people like Osama Bin Ladin. We cannot let the risk of losing innocent lives stop us from fighting terrorists. God only knows the amount of lives that would be lost if we laid down now. The only justice I can offer for this particular injustice is my faith that those innocent casualties will be vindicated in heaven.
Furthermore, I take great offense to the comment about the soldier's freedom that you accuse them of. I have many family members that have served in the United States military, I have many friends who are currently serving in the United States military. To take the actions of a small percentage of the soldiers who have violated these women and children to slander the names of all of them shows just how small minded you are.
America is not perfect. There are corrupt officials, but there are also good and fair officials. So, I invite you to leave this country and go where you think matters of politics, war, and justice are served at a higher moral level to suit your perfect standards, because I am disgusted to think that my family members and friends have/are risked/risking their lives for someone so unappreciative and judgmental. Everyone in the United States military at this point in time has enlisted or re-enlisted after the events of September 11, 2001. This meaning that they knew that they would be spending a great amount of time away from their families and in the line of fire to protect this country and help restore a sense of safety and government in countries such as Iraq. So keep on sitting on your computer speaking out against these men and women when you yourself are doing nothing to improve the situation.
I only hope that my response to your comments have discredited you and shone light on your ignorance for those that might read this in the future.
Posted by: | Aug 20, 2008 11:58:00 PM
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Whatever the Supreme Court's forthcoming decision in
Blakely says about Judge Young’s legal conclusion,
this opinion serves as something of a "State of the
System" statement about federal sentencing reform.
Posted by: My Blog | Feb 26, 2011 7:36:35 AM
The only justice I can offer for this particular injustice is my faith that those innocent casualties will be vindicated in heaven.
Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 1:21:20 AM
