Another district, another finding of unconstitutionality

They are now coming fast and furious: In US v. Lamoreaux, Western District of Missouri US District Judge Howard Sachs explains his approach in light of his conclusion that Blakely renders the federl guidelines unconstitutional. In a short but sweet opinion linked below, he says:

I have indicated in several courtroom proceedings that I find more persuasive the ruling of Judge Cassell in United States v. Croxford, 2004 WL 1462111 (D.Utah 2004) concluding that we have a constitutionally failed system of sentencing, and must disregard both base offense levels and enhancements as mandatory calibrators at sentencing in the wake of Blakely. Guideline provisions seem generally incapable of being severed in a sensible fashion. Unless and until a new system is devised, I anticipate using pre-Guideline methods of sentencing, giving due deference to facts and factors developed for sentencing use–but of course subject to statutory restrictions.

Download lamoreaux_opinion.pdf